Overview

The Civil Aviation Amendment Order (No. R32) 2004, which amends the Civil Aviation Regulations 1988, was enacted to address the need for the Civil Aviation Orders to comply with the Legislative Instruments Act 2003. This amendment specifically targets Section 40.1.5 of the Civil Aviation Orders, which sets out conditions for air transport pilot (aeroplane) licences, including the necessity for regular flight proficiency tests and recency requirements to ensure the maintenance of pilot skills. The order, issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988, effectively revokes and remakes the section to ensure its alignment with the new legislative requirements, while also updating outdated references and introducing gender-neutral wording. The Office of Regulation Review has determined that a Regulation Impact Statement is not necessary due to the minor and machinery nature of the changes, which do not alter existing law or policy. This amendment ensures that the Civil Aviation Orders are consistent with the legislative framework as the Legislative Instruments Act 2003 comes into effect on 1 January 2005.

Scope and Application

The Civil Aviation Amendment Order (No. R32) 2004 pertains to the Civil Aviation Regulations 1988 and specifically revises section 40.1.5 of the Civil Aviation Orders. This Act applies to holders of air transport pilot (aeroplane) licences, who must adhere to conditions outlined in the Orders to ensure the safety of air navigation. These conditions include the completion of regular flight proficiency tests and the satisfaction of recency requirements to maintain the necessary skills. The application of the Order is national, given its alignment with the Civil Aviation Act 1988, which is a Commonwealth Act. The remake of section 40.1.5 is a technical adjustment to comply with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The legislative amendment does not alter any existing law or policy but seeks to ensure compliance and consistency with the new legislative framework. The Office of Regulation Review determined that a Regulation Impact Statement was unnecessary due to the minor nature of the changes. The Order was issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988 and came into effect upon gazettal.

Key Provisions

The primary operative sections of the Civil Aviation Amendment Order (No. R32) 2004 involve the revocation and replacement of section 40.1.5 of the Civil Aviation Orders. This section pertains to the conditions that apply to holders of air transport pilot (aeroplane) licences, specifically in relation to the completion of regular flight proficiency tests and the satisfaction of recency requirements to ensure skill maintenance (Subregulation 5.11(1) and (2) of the Civil Aviation Regulations 1988). The amendment was necessitated by the need to align with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. Despite the remake, the existing law and policy remain unchanged; the amendment serves to ensure compliance and consistency with the new legislative framework. Additionally, the update included modernising outdated references and incorporating gender-neutral language. The obligations imposed by this Order on the parties it governs, particularly holders of air transport pilot (aeroplane) licences, include adherence to the specified conditions for the issuance of flight crew licences. These conditions are designed to ensure that pilots maintain their proficiency and recency through regular testing and skill maintenance. The Civil Aviation Safety Authority (CASA) has the authority to set and enforce these conditions under Subregulation 5.11(1) and (2) of the Civil Aviation Regulations 1988. Licence holders must comply with these requirements to ensure they meet the safety standards necessary for air navigation. In terms of potential consequences for non-compliance, the Civil Aviation Amendment Order (No. R32) 2004 does not explicitly outline specific offences, penalties, or consequences for breaches of its provisions. However, the overarching Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 provide a framework under which CASA can take action against non-compliance. Such actions may include the suspension or revocation of a licence, fines, or other penalties that align with the broader regulatory environment. The specific penalties would depend on the nature and severity of the breach, as determined under the relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988.