Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2008
Legislation
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 (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 CAOs classifying types of aeroplanes into classes.
Subregulation 5.23 (1) of CAR 1988 provides that CASA may give directions in CAOs setting out the 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 endorsements to facilitate new aircraft coming onto the Australian Civil Aircraft Register.
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
The Amendment is minor and of a housekeeping nature. The Standards Consultative Committee was advised of CASA’s intent to make the Amendment Order.
Office of Best Practice Regulation (OBPR)
OBPR 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 commences on the day after it is registered.
The Amendment Order has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2008]
Overview
The Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2008 is an amendment to the Civil Aviation Regulations 1988, enacted to address the need for new aeroplane endorsements to facilitate the registration of new aircraft in the Australian Civil Aircraft Register. This amendment was introduced by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act in the interests of the safety of air navigation. The policy objective behind this amendment is to streamline the registration process for new aircraft by providing necessary aircraft endorsements. The Order is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, and has been deemed a minor amendment with a low impact on business compliance costs, thus not requiring a Regulation Impact Statement from the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2008 applies to the regulation of civil aviation in Australia, specifically in relation to aircraft endorsements and the classification of aeroplanes. This legislative instrument is created under the authority of Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act in the interests of the safety of air navigation. The Amendment Order serves to update and facilitate the registration of new aircraft on the Australian Civil Aircraft Register by introducing new aeroplane endorsements. The application of this Amendment Order extends to all entities and persons involved in the operation of aeroplanes in Australia, including aircraft operators, licence holders, and the Civil Aviation Safety Authority (CASA). There are no stated exclusions or exemptions in the Amendment Order, but the scope is limited to aeroplanes and their endorsements as specified under the Civil Aviation Regulations 1988 (CAR 1988). The Amendment Order is subject to disallowance under the Legislative Instruments Act 2003, and while the impact on business is considered low, the Order was subject to consultation with the Standards Consultative Committee and is tabulated and disallowable in the Parliament.
Key Provisions
The main provisions of the Civil Aviation Regulations 1988 Amendment Order (No. 1) 2008, which are central to the operation of the Order, include the introduction of new aeroplane endorsements to accommodate new aircraft entering the Australian Civil Aircraft Register. This is achieved under subregulation 5.22(1) of the Civil Aviation Regulations 1988 (CAR 1988), which allows the Civil Aviation Safety Authority (CASA) to issue directions in Civil Aviation Orders (CAOs) regarding aircraft endorsements necessary for licence holders to operate specific types or classes of aircraft. Additionally, subregulation 5.23(1) of CAR 1988 mandates that CASA can set out the requirements for the issue of these aircraft endorsements through CAOs. The Amendment Order specifically introduces new aeroplane endorsements to streamline the process for new aircraft.
The Amendment Order imposes several obligations and requirements on the entities it governs. Primarily, it mandates that CASA, as the regulatory body, must ensure that all new aircraft entering the Australian Civil Aircraft Register have the appropriate endorsements as stipulated in the Amendment Order. This includes ensuring that licence holders possess the necessary endorsements before they are permitted to operate the new aircraft types. The Order also requires CASA to maintain the accuracy and currency of the classifications of aeroplanes into classes, ensuring that the classifications align with the operational capabilities and safety standards of the aircraft.
Breaches of the provisions outlined in the Amendment Order can result in various consequences. While the Explanatory Statement does not explicitly detail the penalties for non-compliance, it is understood that failure to adhere to the requirements for aircraft endorsements and the classification of aeroplanes can lead to operational restrictions or prohibitions on the affected aircraft. Such breaches might also result in enforcement actions by CASA, which could include fines or other administrative penalties. The severity of these penalties would be determined based on the nature and extent of the non-compliance, but they are designed to enforce compliance with safety regulations to protect the public and ensure the integrity of the aviation system.