EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
REVOCATION AND REPLACEMENT OF SECTION 95.28
EXEMPTION FROM PROVISIONS OF THE CIVIL AVIATION REGULATIONS 1988 — S-70B-2 HELICOPTERS
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.
Section 95.28 of the Civil Aviation Orders contained exemptions from provisions of CAR 1988. The exemptions applied to S-70B-2 helicopters while they underwent production and acceptance testing to confirm that the aircraft met United Technologies Corporation and RAN requirements.
The exemptions permitted the aircraft to be flown without compliance with certain Parts and provisions of CAR 1988 which were not considered applicable to flights for testing purposes before acceptance by the RAN. The section contained conditions, requiring that the flight crew and the aircraft met certain standards for safety purposes.
This Order revokes and remakes section 95.28. 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 However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.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. R75) 2004]
Overview
The Civil Aviation Amendment Order (No. R75) 2004, enacted to address the technical requirements set forth by the Legislative Instruments Act 2003, revokes and replaces section 95.28 of the Civil Aviation Orders. This legislative action is aimed at ensuring that the Civil Aviation Orders comply with the new legislative framework which came into effect on 1 January 2005. The order does not alter any existing legal or policy matters but serves to update references and language within the order. The Civil Aviation Amendment Order (No. R75) 2004 was issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988 and came into effect upon gazette. The Office of Regulation Review deemed a Regulation Impact Statement unnecessary for this minor and machinery of government nature change.
Scope and Application
The Civil Aviation Amendment Order (No. R75) 2004, which revokes and remakes section 95.28 of the Civil Aviation Orders, applies to S-70B-2 helicopters undergoing production and acceptance testing, specifically those operated by United Technologies Corporation for the Royal Australian Navy (RAN). The Order allows for these helicopters to be exempt from specified provisions of the Civil Aviation Regulations 1988 (CAR 1988) during the testing phase, provided certain safety conditions are met. This exemption ensures that the aircraft can be flown without compliance with particular CAR 1988 provisions that are not applicable to testing flights before acceptance by the RAN. The exemption is subject to conditions set by the Civil Aviation Safety Authority (CASA) to maintain safety standards, including requirements for flight crew and aircraft. The remake of the Order is procedural, ensuring compliance and consistency with the Legislative Instruments Act 2003, with no substantive changes to existing law or policy. The Order came into effect upon gazettal and applies nationally within Australia under the regulatory authority of the Director of Aviation Safety, as stipulated in the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) provide the regulatory framework for civil aviation safety in Australia. Section 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt an aircraft from certain provisions of the regulations, provided it complies with specified conditions necessary for safety. This provision is important for ensuring flexibility in the regulation of aircraft during testing and development phases. Section 95.28 of the Civil Aviation Orders, which has been revoked and remade in this Order, originally exempted S-70B-2 helicopters from certain CAR 1988 provisions during production and acceptance testing, ensuring they met specific safety standards set by United Technologies Corporation and the Royal Australian Navy (RAN).
The obligations imposed by this Order on the parties involved are primarily centred on ensuring compliance with the conditions specified by CASA. The exempted aircraft must meet certain safety standards, including requirements for the flight crew and the aircraft itself. These conditions are designed to mitigate any potential risks associated with the exemptions and ensure that the aircraft can be safely operated during the testing phase. CASA retains the authority to specify any conditions it deems necessary for the safety of the aircraft and its crew.
Failure to comply with the conditions set out in the Order can result in legal consequences. Under the Civil Aviation Act 1988, any breach of the conditions specified in the Order may lead to enforcement actions by CASA. While the Explanatory Statement does not detail specific penalties, breaches of civil aviation regulations can generally result in fines and other administrative actions. The exact penalties can vary depending on the severity of the breach and may be determined by a court or tribunal.
The remake of section 95.28 is a formality aimed at ensuring the Civil Aviation Orders remain compliant with the Legislative Instruments Act 2003. This legislative change does not alter existing law or policy but updates outdated references and introduces gender-neutral language. The Office of Regulation Review has determined that a Regulation Impact Statement is not necessary for this minor, machinery-of-government amendment. The Director of Aviation Safety issued the Order in accordance with subsection 84A(2) of the Civil Aviation Act 1988, and it came into effect on the date of gazettal.