Civil Aviation Order 20.18 Amendment Instrument 2013 (No. 1)

Overview

The Civil Aviation Order 20.18 Amendment Instrument 2013 (No. 1) amends the Civil Aviation Order 20.18, which sets out the requirements for the approval and direction of aircraft instruments and equipment to meet basic operational requirements under the Civil Aviation Act 1988. This amendment was enacted to address uncertainties and clarify the meaning of certain provisions in the Civil Aviation Order, particularly relating to the serviceability of instruments and equipment on charter or regular public transport aircraft before take-off. The Civil Aviation Order was made by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988, with the policy objective of ensuring that only instruments and equipment approved by CASA are used in the operation of Australian aircraft, thereby enhancing the safety of air navigation. This amendment to the Civil Aviation Order was introduced to ensure that paragraph 10.1 applies specifically to instruments and equipment that an aircraft carries or is fitted with under subregulation 207(2) of the Civil Aviation Regulations 1988, thereby removing any ambiguity about its scope. Additionally, the amendment adds a note clarifying the application of this paragraph and removes an invalid cross-reference. The instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, and has been assessed as being compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Civil Aviation Order 20.18 Amendment Instrument 2013 (No. 1) pertains to the Civil Aviation Act 1988 and applies to all persons and entities involved in the operation of Australian aircraft, including airlines and charter operators. It mandates that aircraft used in specific classes of operations must be equipped with instruments and equipment that are approved and directed by the Civil Aviation Safety Authority (CASA). This requirement is explicitly for the purpose of ensuring the safety of air navigation, and CASA’s approval or direction must solely consider this aspect. The amendment to Civil Aviation Order 20.18 aims to clarify existing regulations, specifically addressing paragraph 10.1 which previously required that all instruments and equipment on charter or regular public transport aircraft be serviceable before take-off, a phrase that has led to some uncertainty. The amendment specifies that this requirement applies only to instruments and equipment approved and directed by CASA under subregulation 207(2) of the Civil Aviation Regulations 1988, thereby removing ambiguity. Additionally, the amendment removes an invalid cross-reference related to emergency lighting equipment. The amendment applies nationally, aligning with the jurisdictional reach of the Civil Aviation Act 1988 and is subject to the legislative oversight mechanisms under the Legislative Instruments Act 2003, including tabling and disallowance in Parliament.

Key Provisions

The Civil Aviation Act 1988 (section 98) authorises the Governor-General to enact regulations for the Act, including the safety of air navigation. Under subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988), any person is prohibited from using an Australian aircraft in a class of operation if it is not equipped with instruments and equipment approved and directed by the Civil Aviation Safety Authority (CASA). CASA may only consider the safety of air navigation when approving or directing such equipment. Furthermore, subregulation 5(1) of CAR 1988 permits CASA to issue instruments such as approvals or directions through a Civil Aviation Order (CAO). The Civil Aviation Order 20.18 Amendment Instrument 2013 (No. 1) modifies Civil Aviation Order 20.18 (CAO 20.18) to clarify the scope of paragraph 10.1. This paragraph, which previously stated that "In the case of a charter or regular public transport aircraft, all instruments and equipment fitted to the aircraft must be serviceable before take-off", has been interpreted ambiguously. The amendment now explicitly states that paragraph 10.1 only applies to instruments or equipment that an aircraft carries or is fitted with under subregulation 207(2). Additionally, a note has been added after paragraph 10.1 to describe the instruments and equipment to which it applies. The amendment also removes an invalid cross-reference in Appendix V, which pertains to emergency lighting equipment. Under the Legislative Instruments Act 2003, the CAO amendment is classified as a legislative instrument, subject to tabling and disallowance in Parliament. The amendment is deemed minor and procedural, as it formalises an accepted interpretation already published by CASA. Consequently, CASA did not undertake additional consultation for this amendment. The Office of Best Practice Regulation has determined that a Regulation Impact Statement is not required, as the amendment is considered machinery in nature. The CAO amendment becomes effective the day after its registration and has been made by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 73(2) of the Civil Aviation Act 1988. The CAO amendment does not contravene any human rights or freedoms as recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. The purpose of the amendment is solely to eliminate ambiguity regarding the meaning of provisions in CAO 20.18, without engaging any applicable rights or freedoms. The amendment is compatible with human rights, as it does not raise any human rights issues.