Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2007

Overview

The Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2007 was enacted to address the need for updated and corrected aircraft endorsements to facilitate the registration of new aeroplanes in Australia. This amendment was made under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act in the interests of air navigation safety. The Order was introduced by the Civil Aviation Safety Authority (CASA), acting on behalf of the Australian Government, to ensure that the aircraft endorsements align with those of other international aviation authorities and to correct any minor errors previously present in the regulations. The objective of the Amendment Order was to enhance safety and regulatory consistency in the operation of aeroplanes on the Australian Civil Aircraft Register by updating and correcting relevant endorsements and classifications. This legislative instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, although no formal consultation or regulation impact statement was required due to the minor nature of the changes.

Scope and Application

The Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2007 applies to individuals and entities involved in the operation of civil aircraft in Australia, particularly those who hold or seek to hold an aircraft licence or endorsements. This amendment extends to the types of aeroplanes that are classified into specific classes and the endorsements that must be held by licence holders to operate particular types or classes of aircraft. The amendment is made in accordance with the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, thereby affecting the entire Commonwealth of Australia. The amendment introduces new aeroplane endorsements to accommodate new aircraft entering the Australian Civil Aircraft Register, corrects minor typographical errors, and aligns the endorsements issued by the Civil Aviation Safety Authority (CASA) with those issued by other overseas authorities. The application of this amendment is facilitated through Civil Aviation Orders, which are subordinate instruments that extend or restrict the primary legislation as necessary. This Amendment Order is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, though no formal consultation was undertaken due to the minor nature of the changes.

Key Provisions

The main sections of the Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2007, as it pertains to the Civil Aviation Regulations 1988 (CAR 1988), include the introduction of new aeroplane endorsements to accommodate new aircraft on the Australian Civil Aircraft Register (Subregulation 5.22(1)). These endorsements are necessary for licence holders to perform duties authorised by their licence in specific types or classes of aeroplanes (Subregulation 5.22(2)(a)). The order also aligns the endorsements issued by the Civil Aviation Safety Authority (CASA) with those of other overseas authorities, correcting minor typographical errors in the process (Subregulation 5.23(1)). These provisions aim to ensure that all relevant aircraft endorsements are up-to-date and consistent across international borders. The Amendment Order imposes specific obligations on the parties governed by the Civil Aviation Regulations 1988. For instance, licence holders must ensure that they hold the necessary endorsements for the aeroplanes they operate. This requirement is critical for maintaining the safety and efficacy of air navigation in Australia. Additionally, CASA is mandated to classify aeroplanes into appropriate classes and set out the requirements for issuing aircraft endorsements, ensuring that all licence holders meet the necessary standards for operating different types of aeroplanes. In terms of legal consequences, the Amendment Order does not explicitly outline specific offences or penalties for non-compliance with its provisions. However, non-compliance with Civil Aviation Regulations 1988 could lead to regulatory actions, including fines and other administrative penalties. The overarching Civil Aviation Act 1988 provides for a range of enforcement mechanisms, including the ability to suspend or revoke licences for serious breaches. Given that the Amendment Order is a legislative instrument, it is subject to disallowance in the Parliament, as stipulated under the Legislative Instruments Act 2003. This means that if the instrument is not tabled or disallowed within the prescribed timeframe, it will lapse. The Amendment Order itself is subject to certain legislative processes. Under the Legislative Instruments Act 2003, the order is classified as a disallowable instrument, necessitating its tabling in the Parliament and providing an opportunity for disallowance (sections 38 and 42 of the LIA). However, due to the minor nature of the amendments, consultation under section 17 of the LIA was not undertaken, and no Regulation Impact Statement was required. The order comes into effect on the day after it is registered, ensuring a timely update to the regulatory framework governing aircraft endorsements and classifications in Australia.