Civil Aviation Order 20.16.1 Amendment Instrument 2018 (No. 1)

Overview

The Civil Aviation Order 20.16.1 Amendment Instrument 2018 (No. 1) was enacted to address minor and drafting-style amendments to the Civil Aviation Order 20.16.1 (CAO), ensuring clarity and efficiency in its operation. The instrument, made by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988, aims to refine the existing regulatory framework without altering the substantive safety objectives. This initiative follows the authority provided by the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998, focusing on the safety of air navigation. The policy objective behind the instrument is to enhance the effectiveness and readability of the CAO, facilitating better compliance and interpretation by stakeholders. The instrument was enacted by the Australian Government, specifically by the Director of Aviation Safety on behalf of CASA, and it is considered a legislative instrument under the Legislation Act 2003. It is subject to the scrutiny of the Parliament, including potential disallowance. The process involved no public consultation, as CASA deemed the amendments to be minor and not necessitating further input. Additionally, a Regulation Impact Statement was not required as the changes pertain to regulatory directions rather than substantive legislative changes. The instrument is also compatible with human rights, as it does not engage any applicable rights or freedoms, as confirmed by the Statement of Compatibility with Human Rights.

Scope and Application

The Civil Aviation Order 20.16.1 Amendment Instrument 2018 (No. 1) pertains to the amendments of Civil Aviation Order 20.16.1 (CAO) which was made under the authority conferred by the Civil Aviation Act 1988 (the Act). The CAO, in turn, is a legislative instrument under the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998, which are made pursuant to the Act for the purpose of ensuring the safety of air navigation. The instrument applies to the CAO, which governs the loading of persons and goods on aircraft, and any entities or persons that are subject to the CAO. The instrument makes minor amendments to the CAO, including clarifying certain provisions, omitting a superfluous provision, and making drafting-style amendments. The instrument is a legislative instrument as defined under the Legislation Act 2003 and is subject to tabling and disallowance in the Parliament. The instrument is considered to be of a minor or machinery nature and does not engage any of the applicable rights or freedoms, and is therefore compatible with human rights. The instrument is made by the Director of Aviation Safety, on behalf of the Civil Aviation Safety Authority, and commences on the day after it is registered.

Key Provisions

The Civil Aviation Order 20.16.1 Amendment Instrument 2018 (No. 1) (the instrument) amends the Civil Aviation Order 20.16.1 (CAO) to clarify its provisions, omit a redundant section, and make minor drafting amendments. The instrument is structured such that Section 1 names the instrument, Section 2 stipulates that it commences on the day after registration, and Section 3 outlines the amendments as stated in Schedule 1. Specific changes include the addition of the term "empty weight" in subsection 2 of the CAO (Item 2 of Schedule 1), clarification of subparagraph 5.3(e) by referencing "empty weight" (Item 5 of Schedule 1), and the removal of a superfluous subsection 6 (Item 7 of Schedule 1). These amendments are intended to streamline the CAO without altering its substantive effect. The obligations imposed by the instrument on parties and entities governed by the CAO include ensuring compliance with the clarified and amended provisions. For example, aircraft operators must now comply with the specified definition of "empty weight" when adhering to the safety directives outlined in the CAO. Additionally, the omission of subsection 6 means that operators must ensure they meet the requirements for carrying dangerous goods as outlined in regulation 92.025 of the Civil Aviation Safety Regulations 1998 (CASR), particularly under subparagraph 92.025(2)(b)(xi). These obligations are crucial for maintaining the safety and efficacy of air navigation as mandated by the Civil Aviation Act 1988. The instrument also delineates potential consequences for non-compliance with the amended CAO. Although specific offences are not detailed within the text, violations of the CAO can lead to civil and criminal penalties under the Civil Aviation Act 1988. For instance, the Civil Aviation Safety Authority (CASA) may impose fines for breaches, with penalties varying depending on the severity and nature of the offence. The maximum penalties are not explicitly stated in the instrument but are typically aligned with the regulatory framework governing aviation safety in Australia. Non-compliance with safety directives can result in severe repercussions, including operational restrictions or revocation of operational permits for aircraft operators. In summary, the Civil Aviation Order 20.16.1 Amendment Instrument 2018 (No. 1) serves to enhance the clarity and efficiency of the CAO through minor amendments and the removal of redundant sections. It imposes clear obligations on aircraft operators and other relevant parties to comply with these updated provisions. While specific penalties for non-compliance are not detailed in the instrument, they are governed by broader aviation safety regulations, which can include significant fines and other regulatory sanctions. This legislative instrument ensures that the CAO remains a robust framework for maintaining the safety of air navigation in Australia.