Overview

The Civil Aviation Amendment Order (No. R78) 2004 was enacted to address the need for the Civil Aviation Orders to align with the technical requirements of the Legislative Instruments Act 2003, which came into effect on 1 January 2005. This Order specifically revokes and replaces section 95.31 of the Civil Aviation Orders, which previously exempted Kaman Super Seasprite SH-2G(A) aircraft from certain provisions of the Civil Aviation Regulations 1988 during production and acceptance testing, provided that safety conditions were met. The objective of the Order is to ensure compliance and consistency with the Legislative Instruments Act 2003 while updating outdated references and introducing gender-neutral wording into the Order. The Office of Regulation Review determined that a Regulation Impact Statement was not necessary due to the minor and machinery of government nature of the amendment. The Order was issued by the Director of Aviation Safety under the authority of the Civil Aviation Act 1988.

Scope and Application

The Civil Aviation Orders Revocation and Replacement of Section 95.31 Exemption from Provisions of the Civil Aviation Regulations 1988 — Kaman Super Seasprite SH-2G(A) Aircraft applies to the Kaman Super Seasprite SH-2G(A) aircraft during production and acceptance testing phases before they are accepted by the Royal Australian Navy. This legislative instrument is part of the Civil Aviation Regulations 1988, and its primary function is to exempt the specified aircraft from certain regulatory requirements to facilitate necessary testing procedures. The exemption is conditional, requiring compliance with safety standards as determined by the Civil Aviation Safety Authority (CASA). The scope of the Order is specific to the Kaman Super Seasprite SH-2G(A) aircraft and does not extend to other types of aircraft or industries. The Order is in line with the broader legislative framework under the Civil Aviation Act 1988 and operates within the jurisdiction of the Commonwealth of Australia. The Order was remade to ensure compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005, and to update outdated references and introduce gender-neutral wording, without altering existing law or policy.

Key Provisions

The Civil Aviation Amendment Order (No. R78) 2004 primarily addresses the exemption of Kaman Super Seasprite SH-2G(A) aircraft from certain provisions of the Civil Aviation Regulations 1988 (CAR 1988) (section 95.31). Under subregulation 308(1) of the CAR 1988, the Civil Aviation Safety Authority (CASA) has the authority to exempt an aircraft from compliance with specific provisions of the CAR 1988. This exemption is subject to the aircraft meeting any conditions that CASA specifies as necessary for safety, as outlined in subregulation 308(3). Section 95.30 previously contained exemptions for Kaman Super Seasprite SH-2G(A) aircraft during production and acceptance testing to ensure compliance with KAMAN Aerospace International Corporation and Royal Australian Navy (RAN) standards. These exemptions allowed the aircraft to be flown without adhering to certain parts and provisions of the CAR 1988 that were deemed inapplicable to testing flights before acceptance by the RAN. The exemptions included conditions ensuring that the flight crew and the aircraft met certain safety standards. The obligations imposed by this Order on the parties involved, primarily CASA and the manufacturers or operators of the Kaman Super Seasprite SH-2G(A) aircraft, require adherence to the specified conditions for safety. CASA must ensure that any exemption granted under subregulation 308(1) is accompanied by necessary conditions to maintain safety standards. The aircraft manufacturers and operators must ensure that their flight crew and aircraft meet the stipulated safety requirements while operating under the exemption. The Order also mandates that any updates to legislation references and the introduction of gender-neutral wording are incorporated to ensure compliance with the Legislative Instruments Act 2003. There are no specific offences, penalties, or civil/criminal consequences mentioned in the Order for breach of its provisions. However, any breach of the conditions set by CASA for safety purposes could lead to the revocation of the exemption, potentially leading to non-compliance with the CAR 1988. Such non-compliance could result in further regulatory action by CASA, including enforcement actions, fines, or other penalties under the Civil Aviation Act 1988. The maximum penalties for such breaches would be as prescribed under the relevant sections of the Civil Aviation Act 1988 and associated regulations.