Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 20.9 Amendment Instrument 2011 (No. 2)
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 235 (7) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may, for the purposes of ensuring the safety of air navigation, give directions with respect to the method of loading persons and goods (including fuel) on aircraft.
Directions under subregulation 235 (7) are contained in Civil Aviation Order 20.9 (CAO 20.9).
This Amendment Instrument has been made to correct a typographical error in Note 2 at the foot of paragraph 3.1.
Legislative instrument
Under subsections 98 (5) and (5AAA) of the Act, where the regulations provide for certain instruments to be issued in the form of Civil Aviation Orders (CAOs), such CAOs are declared to be legislative instruments. The Amendment Instrument is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
Consultation under section 17 of the LIA has not been undertaken at this time as the amendment is of a minor and machinery nature.
The Amendment Instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act and comes into effect the day after registration.
[Civil Aviation Order 20.9 Amendment Instrument 2011 (No. 2)]
Overview
The Civil Aviation Order 20.9 Amendment Instrument 2011 (No. 2) amends the Civil Aviation Regulations 1988 (CAR 1988), which were enacted to provide a comprehensive framework for the regulation of civil aviation in Australia. This amendment was introduced to address a typographical error in Note 2 at the foot of paragraph 3.1 of the Civil Aviation Order 20.9 (CAO 20.9), which pertains to the method of loading persons and goods on aircraft. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, and under this authority, the Civil Aviation Safety Authority (CASA) has the power to issue directions in relation to aircraft loading. The policy objective of this amendment is to ensure that regulatory instruments are accurate and free from errors that could potentially compromise safety. The Amendment Instrument is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Order 20.9 Amendment Instrument 2011 (No. 2) amends the Civil Aviation Order 20.9 concerning the method of loading persons and goods, including fuel, on aircraft. This amendment applies to any person or entity involved in the aviation industry, including airlines, cargo operators, and aircraft maintenance personnel, to ensure the safety of air navigation. The amendment corrects a typographical error in Note 2 at the foot of paragraph 3.1 in CAO 20.9, which was identified as a necessary change to maintain the integrity and clarity of the safety directives under the Civil Aviation Regulations 1988. The geographic reach of this legislation extends across Australia, aligning with the national scope of the Civil Aviation Act 1988, and affects all operations within the Australian jurisdiction. There are no stated exclusions, exemptions, or thresholds in this specific amendment, which is of a minor nature and focused purely on a technical correction. This amendment is a legislative instrument under the Legislative Instruments Act 2003 and is subject to the processes of tabling and disallowance in the Parliament.
Key Provisions
The key operative sections of the Civil Aviation Order 20.9 Amendment Instrument 2011 (No. 2) relate to correcting a typographical error in Note 2 at the foot of paragraph 3.1. This amendment ensures that the Civil Aviation Order (CAO) accurately reflects the intended safety measures and procedures for the loading of persons and goods on aircraft. The Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Order 20.9 (CAO 20.9) form the foundation of the regulatory framework governing air navigation safety. Section 98(1) of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to enact regulations for air navigation safety, and subregulation 235(7) of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to issue directions regarding the safe loading of aircraft.
This Amendment Instrument imposes obligations on the parties and entities it governs by ensuring the accuracy and effectiveness of the safety measures in CAO 20.9. Specifically, it mandates that the CAO accurately reflect the requirements for loading aircraft. This includes ensuring that any notes or references within the CAO are correct to avoid misinterpretation or non-compliance. The amendment reflects CASA's commitment to maintaining high safety standards in air navigation by correcting a minor error that could potentially lead to misunderstandings or safety issues. The obligation falls on CASA to ensure that the CAO remains a reliable and accurate document for all stakeholders involved in the aviation industry.
Under this Amendment Instrument, any failure to comply with the corrected CAO 20.9 could lead to civil or criminal consequences. Although the amendment itself is minor, any resulting misinterpretation of the CAO due to the typographical error could lead to violations of air navigation safety regulations. Such violations could result in enforcement actions against individuals or entities responsible for loading aircraft. The Civil Aviation Act 1988 and associated regulations provide for various penalties, including fines and imprisonment, for breaches of safety requirements. The specific penalties depend on the severity of the breach and the impact on aviation safety. The amendment aims to prevent any potential breaches by ensuring the accuracy of the CAO.