Overview

The Civil Aviation Amendment Order (No. R71) 2004, issued under the authority of the Director of Aviation Safety pursuant to subsection 84A(2) of the Civil Aviation Act 1988, addresses a gap in the Civil Aviation Orders by revoking and replacing section 95.22, which previously provided an exemption from certain provisions of the Civil Aviation Regulations 1988 for float planes operating in prescribed access lanes. This legislative action was part of a broader review of the Civil Aviation Orders to ensure compliance with the technical requirements of the Legislative Instruments Act 2003, which commenced on 1 January 2005. The purpose of this Order was not to alter existing law or policy but to update outdated references and incorporate gender-neutral language, thereby enhancing the clarity and inclusivity of the regulations. The Office of Regulation Review deemed a Regulation Impact Statement unnecessary due to the minor and procedural nature of the changes. The Order came into effect on the date of its gazette.

Scope and Application

The Civil Aviation Orders, specifically the Revocation and Replacement of Section 95.22 Exemption from Provisions of the Civil Aviation Regulations 1988, applies to aircraft operators and pilots who are involved in the operation of fixed-wing float-equipped aeroplanes in transit and access lanes. This regulation is concerned with ensuring compliance with safety requirements while also providing exemptions under certain conditions as set out by the Civil Aviation Safety Authority (CASA). The application of this Order is within the Commonwealth jurisdiction, governed by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 (CAR 1988). While the substantive legal provisions remain unchanged, the Order has been remade to ensure alignment with the Legislative Instruments Act 2003 and to modernise the language and references within the Order. The exemption continues to be subject to CASA’s conditions necessary for safety, as per subregulation 308(3) of CAR 1988. The Order came into effect on the date of gazettal and does not introduce any new substantive legal changes.

Key Provisions

The primary operative sections of this legislation, particularly section 95.22 of the Civil Aviation Orders, relate to the exemption of fixed-wing float-equipped aeroplanes from certain minimum flight height regulations when operating in transit or access lanes, as outlined in subregulation 157(1) of the Civil Aviation Regulations 1988 (CAR 1988). This exemption, as detailed in subregulation 308(1) of CAR 1988, allows the Civil Aviation Safety Authority (CASA) to grant such exemptions provided the aircraft complies with any specified conditions deemed necessary for safety as per subregulation 308(3). The exemption requires adherence to the procedures outlined in the Aeronautical Information Publications, ensuring that safety standards are maintained during operations. The obligations imposed by this Act on the parties governed by it include the necessity for CASA to specify conditions for any exemption granted under subregulation 308(1). These conditions must be strictly adhered to by the operators of the exempted aircraft to ensure compliance with safety requirements. Operators of fixed-wing float-equipped aeroplanes must comply with the conditions set by CASA and follow the Aeronautical Information Publications to ensure that their operations meet safety standards, thereby maintaining the integrity of the exemption. Breach of the conditions specified by CASA for the exemption can result in various consequences. While the Act does not explicitly detail the specific offences or penalties for non-compliance, any deviation from the prescribed conditions could potentially lead to revocation of the exemption, which in turn would require compliance with the standard minimum flight height regulations. Such a breach could also attract other civil or criminal penalties as prescribed by the broader aviation regulations and relevant aviation safety laws, depending on the severity and impact of the non-compliance on aviation safety.