Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 40.1.0 Amendment Instrument 2011 (No. 2)
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 5.22 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give directions in Civil Aviation Orders (the CAOs) prescribing the aircraft endorsements that must be held by a licence holder before the holder is permitted to carry out the duties authorised by the licence in a particular type or class of aircraft.
Paragraph 5.22 (2) (a) of CAR 1988 provides that CASA may give directions in the CAOs classifying types of aeroplanes into classes.
Subregulation 5.23 (1) of CAR 1988 provides that CASA may give directions in the CAOs setting out requirements for the issue of aircraft endorsements.
Civil Aviation Order 40.1.0 prescribes aircraft endorsements for aeroplanes, classifies types of aeroplanes into classes and sets out the requirements for the issue of aircraft endorsements for aeroplanes.
This Amendment Order includes new aeroplane type endorsements for the EMB-500 and EMB-505 aeroplanes. These aeroplanes were formerly included in the PHENOM class, but there are sufficient differences in their characteristics to justify the issue of separate type endorsements and the removal of the class endorsement.
The B747-400 type endorsement is removed and replaced with a B747-400 series class endorsement, which is considered more appropriate for the aircraft in question.
A new co-pilot endorsement is included for the Dornier Seastar aircraft type.
Transitional provisions have been included to preserve the effect of existing endorsements.
Legislative Instruments Act
Under subsection 98 (5) of the Act, where the regulations provide for certain instruments to be issued in the form of CAOs, such CAOs are declared to be disallowable instruments. 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. 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 have not been undertaken as the instrument is of a minor or machinery nature.
The Office of Best Practice Regulation does not require a Regulation Impact Statement because a preliminary assessment of the Business Compliance Costs indicates that the amendments will have only a low impact on business.
The instrument comes into effect on the day after it is registered.
The Amendment Order has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Civil Aviation Order 40.1.0 Amendment Instrument 2011 (No. 2)]