Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 40.1.0 Amendment Instrument 2012 (No. 1)
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.
CAO 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. Subsection 2 of CAO 40.1.0 provides that, for subregulation 5.22 (2), the types of aeroplane specified in column 3 of an item in Appendix IB are included in the class specified in column 2 of that item.
This instrument substitutes a new Appendix IB, which differs from the previous Appendix IB in a number of ways. Appendix IB has been restructured to contain 2 Parts. Part 1 specifies civilian aeroplanes and Part 2 specifies ex‑military aeroplanes. Within each Part, the classes of aeroplanes have been grouped, and listed in alphabetical order, by reference to the aeroplane manufacturer.
The new Appendix IB also includes an additional item (item 112 of Part 1) that specifies that all models of Israel Aircraft Industries 1124 aeroplanes are included in the WESTWIND class of aeroplanes. In addition, the LR 45 class (item 38 of Part 1) has been amended to include all models of Learjet 40 and Learjet 45 aeroplanes.
Legislative Instruments Act
Under subsections 98 (5) and (5AAA) of the Act, where the regulations provide for directions to be issued in the form of CAOs, such CAOs are declared to be legislative instruments. This instrument is, therefore, a legislative instrument for the Legislative Instruments Act 2003 (the LIA) and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The division of Appendix IB into Parts for civilian and ex‑military aeroplanes and the alphabetical ordering of classes by aeroplane manufacturer make the appendix more user friendly and have been made in response to feedback from the aviation industry. Further consultation under section 17 of the LIA has 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.
Statement of Compatibility with Human Rights
The following Statement is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument, in its nature and contents, is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. It would make minor amendments to the existing specified classes of aeroplanes for determining whether a licence holder is permitted to carry out the duties authorised by the licence in a particular class of aircraft.
Therefore, the instrument does not engage any of the applicable human rights or freedoms and it is compatible with human rights as it does not raise any human rights issues.
Making and commencement
The instrument comes into effect on the day after registration.
The instrument 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 2012 (No. 1)]
Overview
The Civil Aviation Order 40.1.0 Amendment Instrument 2012 (No. 1) was enacted to make amendments to the Civil Aviation Order 40.1.0, which provides for the aircraft endorsements that must be held by a licence holder, the classification of types of aeroplanes into classes, and the requirements for the issue of aircraft endorsements. This legislative instrument was introduced to address the need for better organisation and clarity in the classification and endorsement requirements for aeroplanes. The enactment was carried out by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988. The primary policy objective behind this amendment was to enhance user friendliness and responsiveness to feedback from the aviation industry by restructuring the appendix and alphabetically ordering classes by aeroplane manufacturer, thereby facilitating easier navigation and compliance for industry stakeholders.
Scope and Application
The Civil Aviation Order 40.1.0 Amendment Instrument 2012 (No. 1) amends the Civil Aviation Order 40.1.0, which pertains to aircraft endorsements for aeroplanes, their classification into classes, and the requirements for issuing such endorsements. This instrument applies to all licence holders who operate aeroplanes in Australia and is designed to ensure compliance with the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. By restructuring Appendix IB into two parts, one for civilian aeroplanes and one for ex-military aeroplanes, and grouping classes alphabetically by manufacturer, the instrument aims to enhance clarity and ease of use for industry stakeholders. It is subject to the Legislative Instruments Act 2003, requiring tabling and disallowance in Parliament, though further consultation under the Legislative Instruments Act was deemed unnecessary due to the minor nature of the amendments. The instrument, which comes into effect on the day after registration, is compatible with human rights as it does not raise any significant human rights issues.
Key Provisions
The Civil Aviation Order 40.1.0 Amendment Instrument 2012 (No. 1) brings about several key changes to the Civil Aviation Order 40.1.0 (CAO 40.1.0). Primarily, it revises the structure of Appendix IB, which now divides aeroplanes into two parts: civilian aeroplanes in Part 1 and ex-military aeroplanes in Part 2. This restructuring is designed to enhance user-friendliness and was implemented in response to feedback from the aviation industry. Additionally, the classes of aeroplanes within each part have been alphabetically ordered by aeroplane manufacturer, which further aids in clarity and ease of use. Another significant amendment is the addition of a new item (item 112) in Part 1 of Appendix IB, specifying that all models of Israel Aircraft Industries 1124 aeroplanes are included in the WESTWIND class of aeroplanes. Furthermore, the LR 45 class (item 38 of Part 1) has been updated to include all models of Learjet 40 and Learjet 45 aeroplanes. These changes ensure that the classification and requirements for aircraft endorsements are accurately and efficiently reflected in the order.
The obligations imposed by the Amendment Instrument on the relevant parties primarily involve adherence to the new classification and endorsement requirements as specified in the amended CAO 40.1.0. Licence holders must ensure that they hold the correct aircraft endorsements for the specific type or class of aeroplane they intend to operate. The Civil Aviation Safety Authority (CASA) is responsible for issuing these endorsements and must follow the new guidelines set out in the CAO. Manufacturers and operators of aeroplanes must also ensure that their aircraft meet the updated classifications and requirements, which may involve re-evaluation or reclassification of certain aeroplanes. All parties must stay updated with the latest version of the CAO to comply with the new regulations.
The Civil Aviation Order 40.1.0 Amendment Instrument 2012 (No. 1) does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance. However, under the Civil Aviation Act 1988, failure to comply with the regulations and orders can lead to various consequences. These may include administrative penalties, enforcement actions by CASA, or more severe civil or criminal penalties depending on the nature and extent of the breach. For instance, operating an aircraft without the required endorsements could result in fines, suspension of the operator's licence, or even criminal charges in cases of serious safety violations. The exact penalties would be determined based on the specific circumstances of the non-compliance and the relevant provisions of the Civil Aviation Act 1988.