Overview

The Civil Aviation Amendment Order (No. R77) 2004, enacted in 2004, was introduced to ensure the Civil Aviation Orders are compliant with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. This amendment specifically revokes and replaces section 95.30 of the Civil Aviation Orders, which had previously provided exemptions for BAe Hawk Mk 127 aircraft from certain provisions of the Civil Aviation Regulations 1988 during production and acceptance testing. The order ensures these exemptions remain in place without substantive changes to the existing law or policy, but it updates outdated references and introduces gender-neutral wording. The Director of Aviation Safety issued this Order under the authority of subsection 84A(2) of the Civil Aviation Act 1988. The Office of Regulation Review deemed a Regulation Impact Statement unnecessary due to the minor and machinery of government nature of this amendment.

Scope and Application

The Civil Aviation Amendment Order (No. R77) 2004 amends the Civil Aviation Orders, specifically revoking and replacing section 95.30 which provided exemptions for BAe Hawk Mk 127 aircraft during production and acceptance testing. This amendment applies to British Aerospace Mk 127 aircraft as they undergo testing to meet British Aerospace Australia and RAAF standards. The exemptions permit these aircraft to fly without complying with certain provisions of the Civil Aviation Regulations 1988, which are deemed not applicable to testing flights prior to acceptance by the Royal Australian Air Force. However, these exemptions are contingent upon compliance with safety conditions specified by the Civil Aviation Safety Authority (CASA). The Order ensures alignment with the Legislative Instruments Act 2003, effective from 1 January 2005, without altering existing law or policy. The remake also updates legislative references and incorporates gender-neutral language, reflecting contemporary legislative standards. The Order is issued under the authority of the Director of Aviation Safety pursuant to subsection 84A(2) of the Civil Aviation Act 1988, and it took effect upon gazettal.

Key Provisions

The key provisions of this Order revolve around the revocation and replacement of section 95.30 of the Civil Aviation Orders (section 1). This section originally exempted the British Aerospace Mk 127 aircraft from specific provisions of the Civil Aviation Regulations 1988 (CAR 1988) during production and acceptance testing, as long as certain safety conditions were met (subregulation 308(3) of CAR 1988). The Order serves to replace this section to ensure compliance with the Legislative Instruments Act 2003, which comes into effect on 1 January 2005. The replacement aims to maintain the current legal framework while updating references to legislation and incorporating gender-neutral wording. The Order imposes obligations on the Civil Aviation Safety Authority (CASA) and the entities involved with the BAe Hawk Mk 127 aircraft, ensuring that any exemptions granted allow for flights without compliance with certain CAR 1988 provisions as long as safety conditions are met (subregulation 308(3) of CAR 1988). The conditions likely include specific requirements for flight crew qualifications and aircraft modifications to ensure safety during testing. CASA must ensure these conditions are adhered to as part of the exemption process. There are no explicit offences or penalties mentioned in the Order itself, as it primarily serves to update and restate existing provisions. However, any breach of the conditions specified by CASA under the exemptions granted could lead to enforcement actions by CASA under the Civil Aviation Act 1988 or related regulations. Violations could result in administrative penalties, enforcement notices, or even legal action if safety standards are compromised. The maximum penalties for such breaches would depend on the severity of the violation and the specific provisions of the Civil Aviation Act 1988 and associated regulations.