Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2010
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 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
Consultation under section 17 of the LIA have 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.
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 73 (2) of the Act.
[Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2010]
Overview
The Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2010 is an amendment to the Civil Aviation Order 40.1.0, which itself is part of the broader framework established by the Civil Aviation Act 1988. This amendment was introduced to address the need for updated and new aircraft endorsements to facilitate the registration of new aircraft onto the Australian Civil Aircraft Register. The Civil Aviation Act 1988 empowers the Governor-General to enact regulations for the safety of air navigation, and this amendment aligns with that objective by ensuring that appropriate endorsements are available for new types of aircraft. The amendment was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), which is the body responsible for implementing the Act and ensuring compliance with safety standards in the aviation sector. The policy objective is to maintain and enhance aviation safety by ensuring that pilots and operators of new aircraft have the necessary qualifications and endorsements.
Scope and Application
The Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2010 is a regulatory instrument designed to amend the Civil Aviation Order 40.1.0, which deals with aircraft endorsements for aeroplanes, classification of aeroplanes into classes, and the requirements for the issue of such endorsements. This amendment is enacted under Section 98 of the Civil Aviation Act 1988, which allows for the creation of regulations in the interests of air navigation safety. The amendment introduces new aeroplane endorsements to accommodate new aircraft being added to the Australian Civil Aircraft Register. It applies to aeroplane licence holders, the Civil Aviation Safety Authority (CASA), and other relevant entities involved in the registration and operation of aeroplanes within Australia. The jurisdictional reach of this order is national, affecting all aeroplanes registered in Australia. While the amendment is comprehensive, it is subject to the disallowance process under the Legislative Instruments Act 2003, as it is classified as a disallowable instrument. However, due to its minor nature, consultation processes and a Regulation Impact Statement were not required. The Amendment Order comes into effect on the day after its registration and is implemented by CASA, acting on behalf of the Director of Aviation Safety.
Key Provisions
The Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2010 amends the Civil Aviation Order 40.1.0, which pertains to the endorsement of aeroplanes, classification of aeroplane types into classes, and the requirements for issuing aircraft endorsements. This amendment introduces new aeroplane endorsements to accommodate new aircraft entering the Australian Civil Aircraft Register. Specifically, section 5.22(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to direct through Civil Aviation Orders (CAOs) the specific aircraft endorsements that must be held by licence holders to operate certain types or classes of aircraft. Paragraph 5.22(2)(a) of CAR 1988 further empowers CASA to classify aeroplane types into classes through CAOs. Lastly, subregulation 5.23(1) of CAR 1988 permits CASA to outline the requirements for issuing aircraft endorsements via CAOs.
Under this Amendment Order, the obligations imposed on the parties governed primarily include ensuring that new aeroplanes entering the Australian Civil Aircraft Register have the appropriate endorsements as specified in the updated order. Licence holders must obtain the newly introduced endorsements to legally operate the specified types or classes of aircraft. Furthermore, CASA is mandated to classify aeroplane types into classes and to set out the requirements for the issue of aircraft endorsements, ensuring these processes are transparent and clearly defined.
Failure to comply with the requirements set out in the Amendment Order may result in civil or criminal consequences. While specific offences and penalties are not detailed in the explanatory statement, general provisions under the Civil Aviation Act 1988 (the Act) and associated regulations may apply. Penalties for non-compliance with aviation safety regulations can include fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, as well as any relevant case law and statutory provisions. Importantly, because this Amendment Order is declared a disallowable instrument under the Legislative Instruments Act 2003 (LIA), it is subject to tabling and disallowance in the Parliament, underscoring the seriousness with which legislative amendments are treated.