EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
REVOCATION AND REPLACEMENT OF SECTION 95.23
EXEMPTION FROM SUBREGULATIONS 178 (1) AND (2) OF THE CIVIL AVIATION REGULATIONS 1988 — FOR OFFSHORE AND COASTAL SURVEILLANCE AND SEARCH AND RESCUE OPERATIONS
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) may, among other things, exempt an aircraft from compliance with specified provisions of CAR 1988. Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety.
Subregulation 178 (1) of CAR 1988 states that a pilot in command must not fly an aircraft along a route segment below the lowest published safe altitude for that segment.
Subregulation 178 (2) of CAR 1988 states that a pilot in command must not fly an aircraft along a route segment for which there is no lowest published safe altitude at a height lower than the lowest safe altitude for that segment calculated in accordance with subregulation 178(6).
Section 95.23 of the Civil Aviation Orders contained an exemption from subregulations 178 (1) and (2). It permitted an aircraft used on behalf of Australia for offshore and coastal surveillance and search and rescue operations to fly below what would otherwise be the lowest safe altitude for that segment.
The exemption was subject to conditions requiring the aircraft keep the specified distance from significant obstacles and the Australian mainland. They also contained requirements relating to matters such as minimum altitude, pilot experience and compliance with a low flying check list.
This Order revokes and remakes section 95.23. This has been done as part of a scheme to review the Civil Aviation Orders, and, in particular, to ensure that they are in a position to meet the technical requirements of the Legislative Instruments Act 2003 when it comes into effect on 1 January 2005. The remake does not involve any changes in existing law or policy in the Order. The Order is being remade solely for the purpose of ensuring compliance and consistency with the Legislative Instruments Act 2003 when it commences on 1 January 2005. However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.
The Office of Regulation Review has stated that a Regulation Impact Statement is not necessary because the remake is of a minor or machinery of government nature.
The Order has been issued by the Director of Aviation Safety in accordance with subsection 84A (2) of the Civil Aviation Act 1988.
The Order came into effect on gazettal.
[Civil Aviation Amendment Order (No. R72) 2004]