Overview

The Civil Aviation Amendment Order (No. R74) 2004 amends the Civil Aviation Orders to revoke and replace section 95.27, which previously provided exemptions for S-70A-9 helicopters during production and acceptance testing. This change was enacted to ensure compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The objective of this amendment was to maintain consistency within the Civil Aviation Orders, updating outdated references and introducing gender-neutral language without altering existing law or policy. The Order was issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988 and came into effect upon gazettal. The Office of Regulation Review determined that a Regulation Impact Statement was not necessary due to the minor nature of the changes.

Scope and Application

The Civil Aviation Amendment Order (No. R74) 2004 addresses the exemption of S-70A-9 helicopters from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988) during production and acceptance testing. The Order revokes and remakes section 95.27 of the Civil Aviation Orders, which previously exempted these helicopters from compliance with specific CAR 1988 requirements, provided that safety standards were met. The authority to grant such exemptions under subregulation 308(1) of CAR 1988 is maintained, subject to the conditions specified by the Civil Aviation Safety Authority (CASA) for safety purposes. This legislative action is part of a broader review to align the Civil Aviation Orders with the Legislative Instruments Act 2003, effective from 1 January 2005, and includes updates to outdated references and the introduction of gender-neutral wording. No substantive changes to existing law or policy are involved, and the Order is considered of minor regulatory significance, thus not requiring a Regulation Impact Statement. The Director of Aviation Safety issued the Order under subsection 84A(2) of the Civil Aviation Act 1988, and it came into effect upon gazettal.

Key Provisions

The Civil Aviation Amendment Order (No. R74) 2004 primarily addresses section 95.27 of the Civil Aviation Orders, which previously exempted S-70A-9 helicopters from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988) during production and acceptance testing. This exemption allowed these helicopters to be flown without full compliance with specific CAR 1988 parts and provisions, as long as safety conditions were met. The key operative sections in this context are subregulation 308(1) and subregulation 308(3) of the CAR 1988, which empower the Civil Aviation Safety Authority (CASA) to grant such exemptions subject to safety conditions. The amendment to section 95.27 was necessary to ensure alignment with the Legislative Instruments Act 2003, which came into effect on 1 January 2005, and to update the Order's references and terminology. The obligations imposed by this Order on the parties involved are centred around ensuring safety during the production and acceptance testing of S-70A-9 helicopters. Specifically, the flight crew and the aircraft must meet certain safety standards as specified by CASA. These conditions are integral to the exemption process and must be strictly adhered to during the testing phase to maintain safety standards. In terms of consequences for non-compliance, the Order does not explicitly outline specific offences or penalties within its text. However, any breach of the conditions set forth by CASA for the exemption could potentially lead to enforcement actions under the broader framework of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. These actions could include revocation of the exemption, imposition of fines, or other regulatory sanctions, depending on the severity and nature of the non-compliance. The penalties for violations of CAR 1988 provisions generally vary but can include significant fines and, in severe cases, imprisonment. The exact penalties would be determined based on the specific breach and the relevant provisions of the Civil Aviation Act 1988 and associated regulations.