Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2011

Overview

The Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2011 was enacted to address a gap in the regulatory framework concerning aircraft endorsements necessary for new aeroplanes entering the Australian Civil Aircraft Register. This amendment was introduced under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations to ensure the safety of air navigation. The objective of this amendment is to facilitate the introduction of new aeroplanes by providing appropriate endorsements and classifications, ensuring that the aircraft are appropriately regulated and that the pilots are adequately endorsed to operate these new types of aircraft. The amendment was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), in accordance with the Act, and is considered a legislative instrument subject to tabling and disallowance under the Legislative Instruments Act 2003. While the Office of Best Practice Regulation determined that the amendments would have a low impact on business, consultation under the Legislative Instruments Act was deemed unnecessary due to the minor nature of the changes.

Scope and Application

The Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2011 amends the Civil Aviation Order 40.1.0 to introduce new aeroplane endorsements to facilitate the registration of new aircraft onto the Australian Civil Aircraft Register. This amendment applies to aeroplane licence holders who are required to carry out duties authorised by their licence in a particular type or class of aircraft. The Civil Aviation Order 40.1.0, which is subject to the Civil Aviation Act 1988, outlines the aircraft endorsements that must be held by licence holders, classifies types of aeroplanes into classes, and sets out requirements for the issue of aircraft endorsements. The Amendment Order is applicable across Australia, given the national scope of the Civil Aviation Act 1988 and its associated regulations. The amendment is a legislative instrument under the Legislative Instruments Act 2003, although it was not subject to the tabling and disallowance process or a Regulation Impact Statement due to its minor or machinery nature. The Office of Best Practice Regulation determined that the amendments would have only a low impact on business, thus exempting the requirement for a Regulation Impact Statement. The Amendment Order was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) in accordance with the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Order 40.1.0 Amendment Order (No. 1) 2011 (the Amendment Order) amends the Civil Aviation Order 40.1.0 (CAO 40.1.0) which, in turn, provides the framework for aircraft endorsements and classification of aeroplanes under the Civil Aviation Act 1988 (the Act). Section 98 of the Act grants the Governor-General the power to make regulations for the Act's purposes, particularly for the safety of air navigation, and this Amendment Order falls within that regulatory scope. Section 5.22(1) of the Civil Aviation Regulations 1988 (CAR 1988) enables the Civil Aviation Safety Authority (CASA) to issue directions in CAOs regarding the aircraft endorsements required by licence holders to operate specific types or classes of aircraft. Furthermore, paragraph 5.22(2)(a) of CAR 1988 allows CASA to classify aeroplanes into classes through CAOs. Section 5.23(1) of CAR 1988 further empowers CASA to set out the requirements for issuing aircraft endorsements through CAOs. The Amendment Order introduces new aeroplane endorsements to facilitate the inclusion of new aircraft in the Australian Civil Aircraft Register, ensuring that operators comply with the necessary requirements for these aircraft. The Amendment Order imposes several obligations on the parties it governs. Primarily, licence holders must ensure that they hold the required aircraft endorsements as specified in the amended CAO 40.1.0 before operating specific types or classes of aeroplanes. These endorsements are crucial for compliance with the safety standards set forth by CASA and are necessary for the licence holder to perform duties authorised by their licence. The classification of aeroplanes into different classes also requires licence holders to understand and adhere to the specific operational requirements for each class. CASA, on the other hand, must ensure that the endorsements and classifications are clearly defined and communicated to all relevant licence holders, facilitating their ability to operate aircraft safely and in compliance with regulatory standards. In terms of enforcement, the Amendment Order does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, non-compliance with the Act or regulations can result in significant legal and safety repercussions. Under the Civil Aviation Act 1988, CASA has the authority to take action against licence holders who fail to comply with the requirements, which can include the suspension or revocation of their licence. Additionally, operating an aircraft without the necessary endorsements can be considered a breach of safety regulations, potentially leading to criminal charges and penalties, including fines and imprisonment. It is crucial for all parties to adhere strictly to the requirements set forth in the Amendment Order to avoid such adverse consequences. The Amendment Order is declared to be a legislative instrument under subsection 98(5AAA) of the Act, which mandates that it be tabled and subject to disallowance in Parliament, as per sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). However, consultation under section 17 of the LIA was not undertaken as the instrument is considered to be of minor or machinery nature. The Office of Best Practice Regulation (OBPR) has determined that a Regulation Impact Statement is not required, given that a preliminary assessment indicates that the amendments will have only a low impact on business. The Amendment Order comes into effect on the day after it is registered, and it has been made by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 73(2) of the Act.