Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 40.3.0 Amendment Instrument 2013 (No. 2)
Purpose
The purpose of Civil Aviation Order 40.3.0 Amendment Instrument 2013 (No. 2) (the CAO Amendment) is to amend Appendices IV and V to Civil Aviation Order 40.3.0.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
CAO 40.3.0 — legislative background
Under subregulation 5.22 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions in Civil Aviation Orders (CAOs) prescribing the aircraft endorsements that must be held by a licence holder to carry out the duties authorised by the licence in a type or class of aircraft.
Under subregulation 5.23 (1) of CAR 1988, CASA may give directions in CAOs setting out the requirements for the issue of an aircraft endorsement.
Amendments
The amendments apply to 2 helicopter types. The first amendment includes the Bell 212S Eagle Single helicopter (the 212S) in the Bell 204/205 class endorsement. The characteristics of the 212S are such that it does not require a separate type endorsement with the required training and examination.
This approach is consistent with that taken in Canada, the country of manufacture.
The second amendment inserts a new type endorsement, K-1200 in Appendix 4, Part 1 as the type endorsement for the Kaman Aerospace K-Max helicopter. This helicopter has been issued with a type approval certificate and meets the requirements for safe operation as an aerial work aircraft.
To obtain an endorsement, a pilot must meet the requirements for a separate type endorsement with the required training and examination.
Legislative Instruments Act 2003 (the LIA)
Under subregulation 5.22 (1) of CAR 1988, CASA may give directions in CAOs prescribing aircraft endorsements. Under subsections 98 (5) and 98 (5AAA) of the Act, such a CAO is a legislative instrument for the LIA. The CAO Amendment is, therefore, a legislative instrument. It is subject to registration, and tabling and disallowance in the Parliament, under sections 24, and 38 and 42, of the LIA.
Consultation
Consultation within the aviation industry as a whole has not taken place. The first amendment includes in a class of helicopter a type that is considered to have design and handling characteristics similar to those of the helicopters already included in the class.
It is also consistent with the approach taken in the helicopter’s country of manufacture.
The second amendment includes a new helicopter type endorsement for the Kaman Aerospace K-Max that has been manufactured by an established helicopter manufacturer. Inclusion of the endorsement will enable a pilot to fly the aircraft after suitable training and examination in accordance with CAO 40.3.0.
Regulation Impact Statement
A Regulation Impact Statement (RIS) is not required because the proposal is covered by a standing agreement between CASA and the Office of Best Practice Regulation (OBPR) under which a RIS is not required for the CAO amendment to simply list new pilot and aircraft endorsements (OBPR id: 14507).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
This instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument commences on the day after registration.
[Civil Aviation Order 40.3.0 Amendment Instrument 2013 (No. 2)]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Civil Aviation Order 40.3 Amendment Instrument 2013 (No. 2)
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument includes the Bell 212S Eagle Single helicopter (the 212S) in the Bell 204/205 class endorsement. The characteristics of the 212S are such that it does not require a separate type endorsement with the required training and examination.
It also creates a new type endorsement for the Kaman K-Max helicopter which is a new entry on the Australian aircraft register.
Human rights implications
This amendment is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority