Overview

The Civil Aviation Amendment Order (No. R76) 2004 amends the Civil Aviation Orders, specifically revoking and replacing section 95.29. This section previously contained exemptions from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988) for Pilatus PC9 aircraft during production and acceptance testing. The Civil Aviation Safety Authority (CASA) has the authority under subregulation 308(1) of CAR 1988 to exempt aircraft from compliance with specified regulations, subject to safety conditions outlined in subregulation 308(3). The Order ensures compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005, without altering existing law or policy. The remake also updates outdated references and introduces gender-neutral language. Issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988, the Order came into effect upon gazette.

Scope and Application

The Civil Aviation Amendment Order (No. R76) 2004 pertains to the exemption of Pilatus PC9 aircraft from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988) during production and acceptance testing phases. This Order, issued by the Director of Aviation Safety under the Civil Aviation Act 1988, specifically revokes and remakes section 95.29 of the Civil Aviation Orders to ensure compliance with the Legislative Instruments Act 2003. The exemption applies to Pilatus PC9 aircraft undergoing testing to meet Hawker de Havilland and Royal Australian Air Force (RAAF) requirements. This allowance enables the aircraft to be flown without adhering to certain CAR 1988 provisions deemed unnecessary for testing before acceptance by the RAAF, provided that safety conditions specified by the Civil Aviation Safety Authority (CASA) are met. The Order ensures that the flight crew and the aircraft meet necessary safety standards. Notably, the Order does not alter existing law or policy but serves to update references and introduce gender-neutral wording, aligning with legislative standards effective from 1 January 2005.

Key Provisions

The key provisions of this piece of legislation, specifically the Civil Aviation Amendment Order (No. R76) 2004, pertain to the revocation and replacement of section 95.29 of the Civil Aviation Orders. Section 95.29 originally contained exemptions from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988) for Pilatus PC9 aircraft during production and acceptance testing. The exemptions allowed these aircraft to be flown without full compliance with specific parts and provisions of CAR 1988, provided certain safety conditions were met. The amendment revokes and remakes section 95.29 as part of a broader review of the Civil Aviation Orders to ensure they align with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. This remake does not alter the existing law or policy but ensures compliance with the new legislative framework. It also updates outdated references and introduces gender-neutral language. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily centred on the safety conditions that must be met for the exemption to apply. Specifically, the flight crew and the aircraft must meet certain standards to ensure safety during the testing phase. The Civil Aviation Safety Authority (CASA) retains the authority to specify these conditions under subregulation 308(3) of CAR 1988. Any exemption granted will be subject to CASA's determination that the conditions are necessary for safety purposes. Additionally, the amendment ensures that the Civil Aviation Orders remain consistent with the Legislative Instruments Act 2005, reflecting a commitment to modern legislative standards. There are no new offences, penalties, or consequences specified in this particular amendment. However, any breach of the conditions specified by CASA under subregulation 308(3) of CAR 1988 would likely be subject to existing regulatory penalties for non-compliance with civil aviation regulations. These penalties could include fines and other enforcement actions as stipulated in the Civil Aviation Act 1988 and associated regulations. The maximum penalties for such breaches would depend on the severity of the non-compliance and the specific provisions of CAR 1988 that were not met. The amendment itself focuses on ensuring regulatory consistency rather than introducing new punitive measures.