EXPLANATORY STATEMENT

CIVIL AVIATION REGULATIONS 1988

CIVIL AVIATION ORDERS

REVOCATION AND REPLACEMENT OF SECTION 40.1.5

CONDITIONS ON AIR TRANSPORT PILOT (AEROPLANE) LICENCES

Subregulation 5.11 (1) of the Civil Aviation Regulations 1988 (CAR 1988) states that the Civil Aviation Safety Authority (CASA) may issue a flight crew licence subject to any condition that is necessary for the safety of air navigation.

Subregulation 5.11 (2) of CAR 1988 permits a condition to be set out in Civil Aviation Orders (the Orders) under regulation 303 of CAR 1988.

Section 40.1.5 of the Orders contained conditions that applied  to the holders of air transport pilot (aeroplane) licences.  They related to the completion of regular flight proficiency tests, and the satisfaction of recency requirements to ensure the maintenance of skills.

This Order revokes and remakes section 40.1.5.  This has been done as part of a scheme to review the Civil Aviation Orders, and, in particular, to ensure that they are in a position to meet the technical requirements of the Legislative Instruments Act 2003 when it comes into effect on 1 January 2005.  The remake does not involve any changes in existing law or policy in the Order.  The Order is being remade solely for the purpose of ensuring compliance and consistency with the Legislative Instruments Act 2003 when it commences on 1 January 2005.  However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.

The Office of Regulation Review has stated that a Regulation Impact Statement is not necessary because the remake is of a minor or machinery of government nature.

The Order has been issued by the Director of Aviation Safety in accordance with subsection 84A (2) of the Civil Aviation Act 1988.

The Order came into effect on gazettal.

[Civil Aviation Amendment Order (No. R32) 2004]