Civil Aviation Order 20.9 Amendment Order (No. 1) 2005

Overview

The Civil Aviation Order 20.9 Amendment Order (No. 1) 2005 was enacted to address a minor but significant administrative gap within the Civil Aviation Regulations 1988, which are governed by the overarching Civil Aviation Act 1988. The primary objective of the 2005 Amendment Order is to streamline and modernise safety regulations concerning the refuelling of aircraft by removing outdated provisions that are no longer necessary or applicable. Specifically, the amendment removes the requirement for the Civil Aviation Safety Authority (CASA) to approve the location and securing of fire extinguishers on fuelling equipment, a requirement that has not been enforced since CASA's inception. Additionally, the amendment updates the types of fire extinguishers mentioned in the Order to reflect current safety standards. The Authority responsible for this amendment is CASA, acting under the authority granted by the Civil Aviation Act 1988. The amendment is considered minor and of a machinery nature, thereby exempting it from broader consultation and the requirement for a Regulation Impact Statement. Instead, the amendment follows the legislative process outlined in the Legislative Instruments Act 2003, where it is declared a disallowable instrument and subject to tabling and potential disallowance in the Parliament. The amendment commenced on the day after its registration, ensuring timely implementation of the updated safety protocols. This amendment reflects CASA's ongoing efforts to refine and enhance aviation safety regulations in alignment with contemporary practices and technological advancements.

Scope and Application

The Civil Aviation Order 20.9 Amendment Order (No. 1) 2005 amends Civil Aviation Order 20.9, which pertains to refuelling operations under the Civil Aviation Act 1988. This amendment primarily affects the aviation industry, including airlines, aircraft operators, and maintenance personnel involved in refuelling operations. The amendment simplifies the regulatory requirements by removing the need for CASA to approve the location and securing of fire extinguishers on fuelling equipment, a requirement that has not been enforced since CASA's inception. Additionally, the amendment updates the types of extinguishers mentioned in the CAO to reflect current practices, replacing carbon dioxide extinguishers with dry powder and foam extinguishers. The amendment applies nationally across Australia and is subject to tabling and disallowance in the Parliament as a legislative instrument under the Legislative Instruments Act 2003. No consultation was deemed necessary due to the minor and machinery nature of the amendment.

Key Provisions

The main operative sections of this amendment to the Civil Aviation Order (CAO) concern refuelling operations, specifically altering the requirements for the positioning of fire extinguishers during these operations. Section 235(7) of the Civil Aviation Regulations 1988 (CAR 1988) empowers the Civil Aviation Safety Authority (CASA) to issue directions regarding the loading of persons and goods on aircraft, and subregulation 5(1) of CAR 1988 allows CASA to issue these directions in the form of a Civil Aviation Order (CAO). The amendment to CAO 20.9 removes the necessity for CASA to approve the location and securing of fire extinguishers on fuelling equipment. This requirement has not been enforced since CASA's inception, and the amendment reflects a simplification of the regulatory process. The obligations imposed by the Act on the parties governed by the CAO primarily revolve around ensuring safety during refuelling operations. Under the amended CAO 20.9, operators are still required to ensure that fire extinguishers are appropriately located and secured during refuelling, but CASA's approval is no longer needed for these arrangements. The amendment simplifies compliance by removing a bureaucratic step that has not been practically enforced. Furthermore, operators must ensure compliance with the updated requirements regarding the type of extinguishers used, reflecting changes from carbon dioxide to dry powder and foam extinguishers. The Act does not explicitly outline specific offences or penalties for breaches of the amended CAO 20.9. However, general provisions under the Civil Aviation Act 1988 (the Act) allow for the imposition of penalties for non-compliance with safety regulations. Offences under the Act can result in substantial penalties, including fines up to $275,000 for individuals and $1.375 million for corporations, as well as potential imprisonment for serious breaches. These penalties underscore the importance of adhering to safety regulations to prevent accidents and ensure the safety of air navigation. In summary, the amendment to CAO 20.9 streamlines the regulatory process for refuelling operations by removing CASA's requirement to approve the location and securing of fire extinguishers. While the amendment simplifies compliance, it maintains the core safety obligations for operators. The potential penalties for non-compliance highlight the seriousness of adhering to these safety regulations.