Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2009

Overview

The Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2009 amends the Civil Aviation Order 40.1.0, which prescribes aircraft endorsements for aeroplanes, classifies types of aeroplanes into classes, and sets out the requirements for the issue of aircraft endorsements. The Civil Aviation Regulations 1988 (CAR 1988) empower the Civil Aviation Safety Authority (CASA) to issue such directions under section 98 of the Civil Aviation Act 1988, with the overarching objective of ensuring the safety of air navigation. This Amendment Order was introduced to facilitate the registration of new aircraft in Australia by including new aeroplane endorsements and correcting minor typographical errors, while also aligning CASA's endorsements with those of other overseas authorities. The transitional provisions ensure that existing endorsements remain effective. The Amendment Order, being a legislative instrument, is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act. As the amendment is considered minor or of a machinery nature, consultation under the Legislative Instruments Act was not undertaken, and the Office of Best Practice Regulation did not require a Regulation Impact Statement due to the low anticipated impact on business.

Scope and Application

The Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2009 amends the Civil Aviation Order 40.1.0 to facilitate the inclusion of new aeroplane endorsements in the Australian Civil Aircraft Register, correct minor typographical errors, and align the endorsements issued by the Civil Aviation Safety Authority (CASA) with those of other overseas authorities. This Amendment Order applies to all entities and individuals involved in the operation of aeroplanes within Australia, including aircraft owners, operators, and licence holders. The Amendment Order ensures that current endorsements remain effective during the transition period and provides a clear regulatory framework for the endorsement process. It has a national reach within Australia and is subject to the disallowance process under the Legislative Instruments Act 2003. This Amendment Order does not require consultation or a Regulation Impact Statement due to its minor nature and low impact on business compliance costs. The Amendment Order is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003 and is made by the Director of Aviation Safety on behalf of CASA in accordance with the Civil Aviation Act 1988.

Key Provisions

The main operative sections of the Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2009 concern the updating and correction of aircraft endorsements, classification of aeroplane types, and the alignment of these endorsements with international standards. Specifically, subregulation 5.22(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to issue directions through Civil Aviation Orders (CAOs) prescribing the aircraft endorsements necessary for licence holders to operate specific types or classes of aircraft. Additionally, paragraph 5.22(2)(a) of CAR 1988 permits CASA to classify aeroplanes into different classes via CAOs. Subregulation 5.23(1) of CAR 1988 further mandates that CASA establish requirements for the issuance of aircraft endorsements through these orders. This Amendment Order specifically introduces new aeroplane endorsements to accommodate new aircraft on the Australian Civil Aircraft Register, corrects minor typographical errors, and ensures consistency with endorsements issued by other international authorities. The Amendment Order imposes obligations on CASA to update and maintain the accuracy and effectiveness of aircraft endorsements. It requires CASA to classify aeroplanes into appropriate classes and to set out detailed requirements for the issuance of these endorsements. The transitional provisions in the Amendment Order ensure that existing endorsements remain valid and effective during the transition to the new system. CASA must also align these endorsements with international standards to ensure consistency and compliance with global aviation regulations. Failure to comply with the requirements set out in this Amendment Order could lead to non-compliance with the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. While specific offences and penalties are not detailed in the explanatory statement, non-compliance with civil aviation regulations generally can lead to enforcement actions, fines, or other sanctions. CASA has the authority to take corrective action against licence holders who do not meet the specified endorsement requirements, potentially impacting their ability to operate certain types of aircraft. The Amendment Order is subject to tabling and disallowance in the Parliament, as declared under subsection 98(5) of the Act and subparagraph 6(d)(i) of the Legislative Instruments Act. However, the explanatory statement notes that consultation under section 17 of the Legislative Instruments Act was not necessary for this Amendment Order due to its minor and machinery nature. Additionally, the Office of Best Practice Regulation does not require a Regulation Impact Statement for this amendment, as it is expected to have a low impact on business compliance costs.