Overview

The Civil Aviation Amendment Order (No. R92) 2004, enacted in 2004, addresses the need to ensure compliance with the Legislative Instruments Act 2003, which was set to take effect on 1 January 2005. This amendment, issued under the Civil Aviation Act 1988, involves the revocation and replacement of section 101.28 of the Civil Aviation Orders, focusing on airworthiness certification requirements for amateur-built aeroplanes. The primary objective of this amendment is to maintain consistency and alignment with the legislative requirements of the new act while also updating outdated references and introducing gender-neutral wording into the Order. Notably, the Office of Regulation Review determined that a Regulation Impact Statement was unnecessary due to the minor and machinery nature of the changes. This Order, issued by the Director of Aviation Safety in accordance with subsection 84A(2) of the Civil Aviation Act 1988, came into effect upon gazettal and does not introduce any changes to existing law or policy. Instead, it ensures that the Civil Aviation Orders are consistent with the Legislative Instruments Act 2003, thereby facilitating a seamless transition when the new act commences. The amendment streamlines the regulatory framework without altering the substantive requirements for airworthiness certification in the amateur-built category.

Scope and Application

The Civil Aviation Amendment Order (No. R92) 2004 revokes and remakes section 101.28 of the Civil Aviation Orders, which pertains to the airworthiness certification requirements for amateur-built category aeroplanes. This Order applies to individuals and entities involved in the construction and certification of amateur-built aeroplanes in Australia, ensuring that they comply with the specified standards and requirements for obtaining a special certificate of airworthiness. The scope of this Order is national, as it impacts all those engaged in the aviation industry within Australia. However, the Order does not introduce any changes to the existing law or policy; it is primarily a remaking exercise to ensure consistency and compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The Order also updates outdated references and incorporates gender-neutral language. The Director of Aviation Safety has issued this Order under the authority provided by subsection 84A(2) of the Civil Aviation Act 1988, and it came into effect upon gazettal. The Office of Regulation Review has determined that a Regulation Impact Statement is not necessary due to the minor nature of the changes.

Key Provisions

The Civil Aviation Amendment Order (No. R92) 2004 revokes and replaces section 101.28 of the Civil Aviation Orders, which deals with airworthiness certification requirements for amateur-built aeroplanes (section 101.28). This amendment is part of a broader review of the Civil Aviation Orders, designed to align them with the technical requirements of the Legislative Instruments Act 2003, which takes effect on 1 January 2005. Despite this amendment, there are no changes to the existing law or policy; the revision is purely to ensure compliance with the new legislative framework and to update outdated references and incorporate gender-neutral language. The primary obligation under this Order is for the Civil Aviation Safety Authority (CASA) to ensure that the revised section 101.28 aligns with the Legislative Instruments Act 2003. This involves ensuring that the design standards and requirements for issuing a certificate of airworthiness for amateur-built aeroplanes remain consistent with the existing legal framework but are expressed in a manner that complies with the new legislative requirements. This includes updating any references to outdated legislation and ensuring that the language used is inclusive and non-discriminatory. Individuals or entities seeking a special certificate of airworthiness in the amateur-built category must ensure that their aircraft complies with the updated section 101.28. This involves meeting the design standards and requirements set out in the revised Order. Specifically, applicants must ensure their aircraft meets the criteria outlined in paragraphs 3 and 4 of section 101.28, which detail the necessary standards and procedures for certification. Failure to comply with these requirements can result in the denial of the certificate of airworthiness. There are no specific offences or penalties outlined in the Order itself, as the changes are administrative and intended to ensure compliance with the Legislative Instruments Act 2003. However, failure to comply with the airworthiness certification requirements for amateur-built aeroplanes could result in regulatory action by CASA. This could include the denial of a certificate of airworthiness, which is essential for legally operating the aircraft. While the Order does not specify additional penalties, ongoing non-compliance with aviation safety regulations can lead to further enforcement actions, including fines and other administrative penalties under the Civil Aviation Act 1988.