Overview

The Civil Aviation Amendment Order (No. R72) 2004 was enacted to address the need for the Civil Aviation Orders to comply with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. This amendment specifically targets section 95.23 of the Civil Aviation Orders, which previously provided an exemption from certain subregulations of the Civil Aviation Regulations 1988 for aircraft used in offshore and coastal surveillance and search and rescue operations. The amendment ensures that these exemptions align with the requirements of the Legislative Instruments Act 2003 while maintaining the existing legal framework and policy. It also updates outdated legislative references and introduces gender-neutral wording into the Order. The Office of Regulation Review deemed a Regulation Impact Statement unnecessary due to the minor nature of the changes. The Order was issued by the Director of Aviation Safety in accordance with the Civil Aviation Act 1988 and took effect upon gazette.

Scope and Application

The Civil Aviation Amendment Order (No. R72) 2004 serves to revoke and replace section 95.23 of the Civil Aviation Orders, which in turn pertains to the Civil Aviation Regulations 1988 (CAR 1988). The Order applies to aircraft engaged in offshore and coastal surveillance and search and rescue operations on behalf of Australia, granting them specific exemptions from certain safety altitude requirements outlined in subregulations 178(1) and (2) of the CAR 1988. This exemption is contingent upon the aircraft adhering to conditions set by the Civil Aviation Safety Authority (CASA) to ensure safety, such as maintaining a specified distance from significant obstacles and the Australian mainland, and complying with other operational requirements like minimum altitude and pilot experience. The amendment is administrative in nature, aimed at ensuring the Civil Aviation Orders align with the technical requirements of the Legislative Instruments Act 2003, which took effect on 1 January 2005. Importantly, this change does not alter existing law or policy but seeks to update legislative references and incorporate gender-neutral language, without necessitating a Regulation Impact Statement due to its minor and machinery of government nature.

Key Provisions

The Civil Aviation Amendment Order (No. R72) 2004, which revokes and replaces section 95.23 of the Civil Aviation Orders, introduces specific provisions to ensure compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. Under subregulation 308(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) has the authority to exempt an aircraft from certain provisions of CAR 1988. This authority is subject to the aircraft meeting any conditions CASA deems necessary for safety, as outlined in subregulation 308(3). The revoked section 95.23 of the Civil Aviation Orders had previously provided an exemption for aircraft used for offshore and coastal surveillance and search and rescue operations, allowing them to fly below the lowest published safe altitude. This exemption was subject to conditions ensuring the aircraft maintained a specified distance from significant obstacles and the Australian mainland, among other requirements. The obligations imposed by this Order on the parties it governs, primarily aircraft operators and pilots, include adhering to the conditions set by CASA to ensure safety during flights. Specifically, operators and pilots must ensure that any aircraft used for offshore and coastal surveillance and search and rescue operations comply with the specified conditions regarding altitude, distance from obstacles, and other safety requirements. This involves maintaining detailed records and following a checklist to confirm compliance before each flight. The Order also requires operators to stay updated with any changes to the Civil Aviation Orders and ensure their pilots are adequately trained and experienced in low-altitude operations. Failure to comply with the conditions set forth in the Order can result in serious consequences. Although the specific offences, penalties, or consequences are not detailed in the explanatory statement, violations of the Civil Aviation Regulations 1988 and the Civil Aviation Orders generally can lead to enforcement actions by CASA. These actions may include administrative penalties, fines, or more severe measures such as suspension or revocation of the aircraft's operating certificate. In cases of serious non-compliance, criminal charges could be brought against the operator or pilot, potentially leading to imprisonment. The exact penalties depend on the nature and severity of the breach but are intended to ensure strict adherence to safety regulations to protect both the aircraft and the public.