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]
Overview
The Civil Aviation Order 29.11 Amendment Order (No. 1) 2006, enacted by the Australian Government, addresses the need for emergency service personnel to conduct advanced operational training in rappelling over floating vessels, which is crucial for emergency and counter-terrorist operations. This amendment is introduced under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for aviation safety. The policy objective is to ensure that such training can be conducted safely, in line with the safety standards set by the Civil Aviation Safety Authority (CASA). The amendment also rectifies a typographical error in the existing regulations. The legislative instrument is subject to tabling and disallowance in the Parliament, as per the Legislative Instruments Act 2003. Importantly, this amendment was classified as minor or of a machinery nature, thus exempting it from the requirement for consultation and a Regulation Impact Statement.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the Civil Aviation Order 29.11 Amendment Order (No. 1) 2006, apply to all persons and entities involved in the operation of Australian aircraft, particularly focusing on those engaged in private operations. This includes aircraft operators, pilots, and crew members, who must adhere to the regulations and directives issued by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These regulations impose requirements such as obtaining CASA authorisation and approval for using specific types of aircraft in particular classes of operation, ensuring compliance with minimum operating crew requirements, and adhering to conditions set by CASA for private operations. Furthermore, the amendment allows for specific exemptions and approvals for helicopter winching and rappelling operations, including those over floating vessels, which are essential for emergency and counter-terrorist operations. The regulations apply nationally across Australia and are subject to disallowance in Parliament, as declared under the Legislative Instruments Act 2003. The amendment also addresses a typographical error and does not require consultation or a Regulation Impact Statement as it is considered minor or of a machinery nature.
Key Provisions
The Civil Aviation Order 29.11 Amendment Order (No. 1) 2006 introduces specific changes to the Civil Aviation Order 29.11, which pertains to helicopter winching and rappelling operations. Under subregulation 207(1) of the Civil Aviation Regulations 1988 (CAR 1988), a person is prohibited from using an Australian aircraft in a class of operation unless it has been authorised and approved by the Civil Aviation Safety Authority (CASA) for that specific use. This requirement underscores the necessity for adherence to safety standards and protocols in aviation operations. Subregulation 208(1) of CAR 1988 mandates that the operator of an Australian aircraft must ensure the minimum operating crew is supplemented by additional crew members, with qualifications that CASA deems necessary for maintaining air navigation safety. Regulation 209 of CAR 1988 further stipulates that pilots in command and operators of aircraft engaged in private operations must comply with conditions set by CASA to ensure aviation safety. Additionally, regulation 303A of CAR 1988 allows CASA to grant "prescribed exemptions," including approvals, subject to conditions deemed necessary for the safety of air navigation.
The obligations imposed by the Civil Aviation Order 29.11 Amendment Order (No. 1) 2006 primarily concern the operators of aircraft and their crew members. Operators must ensure that any aircraft used in helicopter winching and rappelling operations are appropriately authorised by CASA. They must also ensure that the crew members involved in these operations possess the necessary qualifications and adhere to the safety conditions prescribed by CASA. These obligations are crucial for maintaining high safety standards in aviation operations, particularly in emergency and counter-terrorist scenarios where rappelling over floating vessels is essential.
Breaches of the regulations set forth in the Civil Aviation Order 29.11 Amendment Order (No. 1) 2006 can result in significant consequences. The Civil Aviation Act 1988 and associated regulations impose strict penalties for non-compliance. For instance, using an aircraft in a class of operation without CASA approval can lead to civil penalties, including fines and potential grounding of the aircraft. Similarly, failing to ensure that the minimum operating crew is supplemented with appropriately qualified crew members can also attract penalties. Additionally, operating an aircraft without complying with the conditions set by CASA can result in further penalties, including suspension or revocation of the aircraft’s operating certificate. These measures are in place to ensure strict adherence to safety regulations and to protect the public from potential hazards.