Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2006
Aircraft endorsements — aeroplanes
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 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 (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.
Subsections 6 and 7 of CAO 40.1.0 list the requirements for the issue of a type or class endorsement. This does not include holders of special pilot licences. The Amendment Order provides for the inclusion of special pilot licences in the list of requirements.
The Amendment Order also provides an alternative path for obtaining an Australian aeroplane endorsement if the training for the endorsement is completed overseas.
Currently, if training for an endorsement has been completed overseas, CASA can only issue the endorsement if the endorsement was issued on an overseas licence that CASA recognises, or if the person seeking the endorsement gives to CASA documents from an overseas training provider that shows that the person has satisfactorily undergone training for the issue of an overseas endorsement and the responsible authority in the Contracting State where the training was completed provides a written statement that the person would meet the requirements for the issue of the overseas endorsement.
Under the Amendment Order, the endorsement can be issued if the person has completed training equivalent to the training that would be required in Australia.
The Amendment Order also includes new aeroplane endorsements to facilitate new aircraft coming onto the Australian Civil Aircraft Register. It also places some endorsements, which had previously been inserted in the wrong locations, in their correct locations in the appendices.
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
Consultations under section 17 of the LIA have not been undertaken as the Amendment Order 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 instrument is of a minor or machinery nature.
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 84A (2) of the Act.
[Civil Aviation Amendment Order 40.1.0 Amendment Order (No. 1) 2006]
Overview
The Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2006 was enacted to address gaps and problems within the existing framework for aircraft endorsements for aeroplanes, specifically to align with the safety requirements set forth by the Civil Aviation Act 1988. The Civil Aviation (Administrative Provisions) Regulations 1988 (CAR 1988) empower the Civil Aviation Safety Authority (CASA) to direct certain aspects of aircraft endorsements through Civil Aviation Orders (CAOs). This amendment seeks to rectify and enhance the current regulatory environment by incorporating special pilot licences into the list of required endorsements and providing an alternative pathway for those who have completed their training overseas. The objective of the Order is to ensure that the endorsement process remains flexible and responsive to the evolving needs of the aviation industry, while maintaining the high safety standards mandated by the Act. The Order was enacted by the Director of Aviation Safety, on behalf of CASA, under the authority granted by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Amendment Order 40.1.0 Amendment Order (No. 1) 2006 applies to all licence holders who operate aeroplanes in Australia. This includes individuals and entities engaged in the operation of aeroplanes, including commercial airlines, private pilots, and flight training organisations. The amendment order sets out specific requirements for the issuance of aircraft endorsements for aeroplanes, ensuring that pilots meet the necessary qualifications to operate particular types or classes of aeroplanes. The amendment order also establishes an alternative pathway for obtaining an Australian aeroplane endorsement when the required training is completed overseas, provided it is equivalent to the training standards in Australia. This order extends the scope of the Civil Aviation Regulations 1988 and Civil Aviation Order 40.1.0 by incorporating special pilot licences into the endorsement requirements and correcting the placement of certain endorsements within the appendices. Additionally, it allows the Civil Aviation Safety Authority to issue endorsements based on the completion of equivalent overseas training. The Amendment Order is subject to the disallowance process under the Legislative Instruments Act 2003 as it is a declared disallowable instrument. Despite this, consultations under section 17 of the Legislative Instruments Act were not undertaken as the amendment order is of minor or machinery nature.
Key Provisions
The main provisions of the Civil Aviation Amendment Order (No. 1) 2006, which amends Civil Aviation Order 40.1.0, concern the aircraft endorsements required for aeroplanes, the classification of aeroplane types into classes, and the requirements for issuing these endorsements (Subreg. 5.22(1), 5.22(2)(a), 5.23(1) of CAR 1988). Specifically, the Amendment Order includes special pilot licences in the list of endorsement requirements (Subs. 6 and 7 of CAO 40.1.0). It also provides an alternative pathway for obtaining an Australian aeroplane endorsement when training has been completed overseas. If the overseas training is equivalent to Australian requirements, an endorsement can be issued without the need for an overseas endorsement on the person's licence or additional documentation from the overseas training provider and the responsible authority in the Contracting State (Subreg. 5.22(1), 5.22(2)(a), 5.23(1) of CAR 1988). The Amendment Order also introduces new aeroplane endorsements to accommodate new aircraft entering the Australian Civil Aircraft Register and corrects the placement of certain endorsements within the appendices.
The obligations imposed by the Amendment Order on the parties involved, primarily the Civil Aviation Safety Authority (CASA) and licence holders, include ensuring that special pilot licences are considered when determining endorsement requirements for aeroplanes (Subs. 6 and 7 of CAO 40.1.0). CASA must also facilitate the issuance of aeroplane endorsements for individuals who have completed equivalent overseas training to Australian standards. Licence holders must demonstrate completion of training that meets Australian requirements to be eligible for an endorsement. Additionally, CASA is responsible for updating and maintaining the correct classifications and endorsements within the Civil Aviation Orders.
There are no explicit offences, penalties, or civil/criminal consequences mentioned within the Amendment Order itself. However, failure to comply with the requirements for aircraft endorsements as outlined in the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Orders could potentially result in regulatory action under the Civil Aviation Act 1988 (the Act). Such actions might include the suspension or revocation of a pilot licence, which could have significant professional and legal repercussions for the licence holder. The specific penalties for such regulatory actions would be governed by the provisions of the Act and related regulations.