Overview

The Civil Aviation Amendment Order (No. R70) 2004 amends the Civil Aviation Orders by revoking and replacing section 95.20, which pertains to exemptions from certain Civil Aviation Regulations 1988 (CAR 1988) for military aircraft operated by civilian flight crews. This legislative update was introduced to ensure that the Civil Aviation Orders align with the technical requirements of the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The primary objective of this Order, issued by the Director of Aviation Safety under the Civil Aviation Act 1988, is to maintain compliance and consistency with the Legislative Instruments Act 2003, while also incorporating gender-neutral language and updating outdated references to legislation. The remake of section 95.20 does not alter the existing legal framework or policy; rather, it is a technical update to streamline the regulatory environment.

Scope and Application

The Civil Aviation Orders Revocation and Replacement of Section 95.20 Order pertains to military aircraft operated by civilian flight crews that engage in activities such as flight testing, search and rescue, and other operations authorised by the appropriate military authority. This Order applies to civilian pilots and crew members who operate military aircraft for specified purposes and ensures they are exempt from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988) provided they meet safety conditions set by the Civil Aviation Safety Authority (CASA). This Order applies nationally across Australia as it is a regulation under the Civil Aviation Act 1988. The exemption from compliance with certain CAR 1988 provisions is contingent upon the aircraft and flight crew meeting safety standards as stipulated by CASA. The Order was enacted to align with the Legislative Instruments Act 2003 and does not alter existing policies or laws but updates references and incorporates gender-neutral language. The Order came into effect upon gazettal and has no significant regulatory impact according to the Office of Regulation Review.

Key Provisions

The key operative sections of this legislation, the Civil Aviation Amendment Order (No. R70) 2004, are sections 308(1) and 308(3) of the Civil Aviation Regulations 1988 (CAR 1988), and section 95.20 of the Civil Aviation Orders. Section 308(1) of CAR 1988 provides the authority for the Civil Aviation Safety Authority (CASA) to exempt an aircraft from compliance with specified provisions of CAR 1988. This exemption is granted subject to any conditions that CASA specifies as necessary for safety, as outlined in section 308(3). Section 95.20 of the Civil Aviation Orders originally contained exemptions for military aircraft operated by civilian flight crews engaged in specific activities such as flight testing, search and rescue, and other authorised activities. These exemptions allowed for the operation of such aircraft without compliance with certain parts and provisions of CAR 1988 deemed not applicable to the specified flight purposes. This section included conditions that the flight crew and the aircraft must meet to ensure safety. The Civil Aviation Amendment Order (No. R70) 2004 revokes and remakes section 95.20 of the Civil Aviation Orders. This action is part of a broader review to ensure the Civil Aviation Orders comply with the technical requirements of the Legislative Instruments Act 2003, which comes into effect on 1 January 2005. The remake of section 95.20 does not alter existing law or policy but ensures consistency and compliance with the new legislative framework. During the remake, outdated references to legislation were updated, and gender-neutral wording was introduced to the Order. The Office of Regulation Review has determined that a Regulation Impact Statement is not necessary due to the minor and machinery of government nature of the changes. The obligations imposed by this Order on the parties governed by it primarily involve ensuring that any exemption granted under section 95.20 of the Civil Aviation Orders is subject to the conditions specified by CASA. This means that military aircraft operated by civilian flight crews must meet specific safety standards as outlined in the conditions. CASA retains the authority to specify these conditions to ensure that the operations remain safe. The aircraft owners and operators must comply with these conditions as a prerequisite for the exemption to be valid. Additionally, the entities must ensure that the flight crew and aircraft meet the necessary standards to operate under the exemptions provided by the Order. For breaches of the conditions specified by CASA under section 95.20 of the Civil Aviation Orders, the consequences can be severe. The Civil Aviation Regulations 1988 and related legislation outline various offences and penalties for non-compliance. Depending on the nature and severity of the breach, penalties can include fines, imprisonment, or both. The maximum penalties vary based on the specific provision of CAR 1988 that has been breached. Civil and criminal consequences may also apply, with civil penalties potentially including substantial fines and criminal penalties including fines and imprisonment. The exact penalties would be determined based on the specific circumstances of the breach and the discretion of the court.