Overview

The Civil Aviation Amendment Order (No. R73) 2004 was enacted to revise and replace section 95.26 of the Civil Aviation Orders to ensure compliance with the Legislative Instruments Act 2003. This amendment aimed to address the need for updating and modernising the Civil Aviation Orders, particularly in terms of technical requirements and gender-neutral language. The Civil Aviation Amendment Order (No. R73) 2004 was issued by the Director of Aviation Safety under the authority granted by subsection 84A(2) of the Civil Aviation Act 1988. The order became effective upon its gazettal and, while it maintains existing law and policy, it introduces updated references to legislation and inclusive terminology. The Office of Regulation Review determined that a Regulation Impact Statement was not necessary due to the minor nature of the changes, which were primarily for machinery of government purposes.

Scope and Application

The Civil Aviation Amendment Order (No. R73) 2004 pertains to the Civil Aviation Regulations 1988, specifically addressing the exemption for certain operations related to search and rescue (SAR) stores at night. This legislation applies to aircraft and pilots involved in trial operations for the supply dropping of SAR stores at night, where such operations require flying below the lowest published safe altitudes. The Civil Aviation Safety Authority (CASA) retains the authority to exempt these aircraft from specific provisions of the Civil Aviation Regulations 1988, provided that the aircraft meet safety conditions stipulated by CASA. These exemptions are subject to conditions ensuring safety, such as maintaining a minimum altitude of 500 feet, adhering to visibility requirements, and ensuring the pilot has sufficient experience. This Order, issued under the Civil Aviation Act 1988, ensures compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005, and updates the Civil Aviation Orders to reflect contemporary legislative standards and gender-neutral language without altering existing policy or law.

Key Provisions

The Civil Aviation Amendment Order (No. R73) 2004 primarily deals with the revocation and replacement of section 95.26 of the Civil Aviation Orders (CAO) (paragraph 1). This section provided an exemption for certain operations involving the supply dropping of search and rescue (SAR) stores at night from specific provisions of the Civil Aviation Regulations 1988 (CAR 1988). Specifically, it exempted such operations from the requirements set out in subregulations 178(1) and (2) of CAR 1988, which generally prohibit flying an aircraft below the lowest published safe altitude or, in the absence of such a published altitude, below the lowest safe altitude calculated in accordance with subregulation 178(6). This exemption was subject to certain conditions, including maintaining a minimum altitude of 500 feet, ensuring the pilot has a minimum level of experience, maintaining visibility, and adhering to a low-flying check list. The new Order imposes several obligations on the parties involved in these trial operations. Firstly, they must comply with the updated conditions outlined in the remade section 95.26 to ensure safety. This includes maintaining the stipulated minimum altitude, ensuring that the pilots have the necessary experience, and adhering to the visibility requirements. Additionally, they must follow a specific low-flying check list to ensure all safety protocols are observed. Any failure to comply with these conditions would risk the exemption and could potentially lead to violations of the general aviation safety regulations. There are no explicit penalties or consequences outlined in the Order itself for breaching the conditions of the exemption. However, non-compliance with the general safety provisions in CAR 1988, such as subregulations 178(1) and (2), could result in significant civil or criminal penalties. For instance, under the Civil Aviation Act 1988, a person who contravenes a regulation can face fines and imprisonment, with the specific penalties varying based on the severity and nature of the breach. The exact penalties would depend on the circumstances of any particular contravention, but they could include substantial fines and/or imprisonment for serious violations.