Civil Aviation Order 40.1.0 Amendment Order (No. 2) 2006

Overview

The Civil Aviation Order 40.1.0 Amendment Order (No. 2) 2006 amends the Civil Aviation Order 40.1.0 to address gaps in the regulation of aircraft endorsements and classifications to accommodate new types of aircraft entering the Australian Civil Aircraft Register. The Civil Aviation Act 1988, enacted by the Australian Parliament, empowers the Governor-General to make regulations in the interests of air navigation safety. This Amendment Order is intended to facilitate the registration and operation of new aircraft by introducing new aeroplane endorsements and adjusting the classification of aeroplane types. The Order was developed by the Civil Aviation Safety Authority (CASA) and is subject to parliamentary oversight and disallowance as a legislative instrument under the Legislative Instruments Act 2003. Given the minor and technical nature of these changes, formal consultation was not undertaken, nor was a Regulation Impact Statement required.

Scope and Application

The Civil Aviation Order 40.1.0 Amendment Order (No. 2) 2006 amends the Civil Aviation Order 40.1.0, which pertains to aircraft endorsements for aeroplanes, the classification of aeroplane types, and the requirements for issuing such endorsements. This amendment applies to licence holders who operate aeroplanes in Australia, ensuring they have the necessary endorsements for specific types or classes of aircraft. The scope of the amendment is limited to the classification and endorsement requirements for aeroplanes, thereby impacting those in the aviation industry who hold licences for operating such aircraft. The amendment introduces new aeroplane endorsements to accommodate new aircraft types being registered in Australia, and it also modifies the class endorsement for the DO228-200 to DO228. The geographic reach of this legislation is national, as it pertains to the Australian Civil Aircraft Register. The Amendment Order is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. However, consultation and a Regulation Impact Statement were not required due to the minor nature of the amendments. The order comes into effect on the day after its registration and is issued by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), pursuant to the Civil Aviation Act 1988. This legislative amendment ensures that the regulatory framework remains up-to-date with the evolving landscape of civil aviation in Australia.

Key Provisions

The Civil Aviation Order 40.1.0 Amendment Order (No. 2) 2006 introduces several key changes, primarily aimed at enhancing the regulatory framework for aircraft endorsements and classification in Australia. Section 1 of the Amendment Order introduces new aeroplane endorsements, designed to accommodate new aircraft entering the Australian Civil Aircraft Register. This is intended to ensure that the relevant authorities can effectively manage and monitor the operation of these new aircraft (Subregulation 5.22(1) of CAR 1988). Furthermore, the Amendment Order modifies the class endorsement for the Dornier DO228-200 aircraft, changing it to simply DO228 (Subregulation 5.23(1) of CAR 1988). This simplification aims to streamline the endorsement process and reduce potential confusion among licence holders. The Amendment Order imposes certain obligations on the parties it governs, particularly licence holders and the Civil Aviation Safety Authority (CASA). Licence holders must ensure they hold the appropriate endorsements before operating a specific type or class of aircraft as authorised by their licence (Subregulation 5.22(1) of CAR 1988). CASA, on the other hand, is responsible for issuing these endorsements and classifying aeroplanes into appropriate classes (Subregulation 5.22(2)(a) of CAR 1988). Additionally, CASA must set out the requirements for the issuance of these endorsements, ensuring they meet the safety and operational standards set forth in the Civil Aviation Act 1988 (Subregulation 5.23(1) of CAR 1988). Under the Legislative Instruments Act 2003, the Amendment Order is classified as a legislative instrument and is therefore subject to disallowance in the Parliament (subsection 98(5) of the Act and subparagraph 6(d)(i) of the LIA). The Order must be tabled in both houses of Parliament within the stipulated period, providing an opportunity for review and potential disallowance if necessary (sections 38 and 42 of the LIA). Despite these legislative requirements, the Office of Regulation Review has determined that consultation and a Regulation Impact Statement are not necessary due to the minor and machinery nature of the amendments (section 17 of the LIA). The Amendment Order comes into effect on the day following its registration and has been made by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 84A(2) of the Act.