Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 29.11 Amendment Order (No. 1) 2006
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 207 (1) of the Civil Aviation Regulations 1988 (CAR 1988) states that a person must not use an Australian aircraft in a class of operation unless the Civil Aviation Safety Authority (CASA) has authorised and approved the particular type of aircraft for that use.
Subregulation 208 (1) of CAR 1988 states that the operator of an Australian aircraft must ensure that the minimum operating crew of an Australian aircraft is supplemented by such additional crew members, having such qualifications, as CASA considers necessary and directs, having regard to the safety of air navigation.
Regulation 209 of CAR 1988 states that the pilot in command and operator of an aircraft engaged in private operations shall comply with such conditions as CASA from time to time directs in the interests of aviation safety.
Regulation 303A of CAR 1988 provides that CASA may give a “prescribed exemption”, which includes an approval, subject to such conditions as CASA considers necessary in the interests of the safety of air navigation.
Regulation 308 of CAR 1988 states that CASA may grant an exemption to an aircraft, or a specified type or category of aircraft, subject to such conditions as CASA considers necessary in the interests of the safety of air navigation.
Civil Aviation Order 29.11 regulates helicopter winching and rappelling operations. For that purpose, it contains certain approvals and exemptions that CASA considers necessary for the conduct of such operations. It also contains requirements for the carriage of crew members to carry out winching and rappelling, as well as requirements relating to the carriage of special equipment and the qualifications that crew members had to hold.
Rappelling operations over floating vessels is an essential procedure in emergency and counter terrorist operations. The amendment will enable emergency service personnel to conduct advanced operational training in rappelling over a floating vessel.
We have also taken the opportunity to correct a typographical error.
Legislative Instruments Act
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. Under subsection 95 (5) of the Act, Civil Aviation Orders are declared to be disallowable instruments. 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 is not required as the amendment is of a minor or machinery nature.
For the same reason, the Office of Regulation Review does not require a Regulation Impact Statement as the amendment is of a minor or machinery nature.
The instrument commences on the day after it is registered.
The instrument 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 29.11 Amendment Order (No. 1) 2006]