Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 100.5 Amendment Order (No. 1) 2008
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Subregulation 30B (1) of the Civil Aviation Regulations 1988 (CAR 1988) permits the Civil Aviation Safety Authority (CASA), by notice in writing, to require the holder of a certificate of approval to notify CASA of the happening of an event specified in the notice within a specified period. In accordance with subregulation 30B (2), events specified in the notice must be events that CASA thinks might adversely affect the carrying out of activities covered by the certificate of approval.
Under regulation 38 of CAR 1988, CASA may give directions relating to the maintenance of Australian aircraft for the purpose of ensuring the safety of air navigation.
Subregulation 42A (6) of CAR 1988 permits CASA to declare in writing that a manufacturer’s maintenance schedule, that CASA thinks is inadequate, must not be used as an aircraft’s maintenance schedule.
Under regulation 43 of CAR 1988, CASA may issue directions relating to maintenance releases in respect of Australian aircraft, including directions relating to their issue, their retention and transfer and the period for which they may remain in force.
Under subregulation 50A (2) of CAR 1988, CASA may issue directions relating to Australian aircraft log books, covering how they are to be kept and when they are to be made available to CASA and persons engaged in maintenance on the aircraft.
Under regulation 50B of CAR 1988, CASA may approve the use of an alternative to an Australian aircraft log book or a section of a log book, subject to such conditions as CASA considers necessary for the safety of air navigation.
Under regulation 50C of CAR 1988, CASA may give directions in relation to the retention and transfer of aircraft maintenance records and the making and keeping of aircraft maintenance records.
Under regulation 232A of CAR 1988, CASA may give directions in relation to the operation of a computer on an aircraft or the entry of data into, and verification of data in, the computer on the aircraft.
Civil Aviation Order (CAO) 100.5 contains requirements based on all the provisions quoted above. These requirements relate to the use of log books or alternatives, the retention of aircraft maintenance records, issue of maintenance releases, the replacement of time-lifed components and the notification to CASA of certain events.
With the development of Global Navigation Satellite System (GNSS) receivers, the complexity of maintaining the navigational databases has decreased to the extent that in most cases it is achieved with the simple insertion of a data transfer device (data card or disk or similar devise).
The Amendment to CAO 100.5 is to ensure that if the pilot in command of an aircraft meets certain requirements he or she can install updates on a GNSS receiver as part of its maintenance. The conditions for doing so include that the pilot in command is authorised under CAO 40.2.1 to use the GNSS and satisfies the requirement in paragraph 13.7 of that CAO. The pilot in command must also ensure that the data used is supplied by an organisation approved by CASA to provide the data.
Legislative Instrument Act
Under subsection 98 (5) of the Act, where the regulations provide for certain instruments to be issued in the form of CAOs, such CAOs are declared to be disallowable instruments. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The Amendment Order is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken. The Amendment Order is intended to facilitate the updating of the navigational database by allowing the pilot in command to carry it out, subject to meeting the specified conditions. The Office of Best Practice Regulation has been consulted and has agreed to the amendment proceeding.
The instrument commences on the day after it is registered.
The Order has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Order 100.5 Amendment Order (No. 1) 2008]