Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2006
Aircraft endorsements — helicopters
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 5.22 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give directions in Civil Aviation Orders (the CAOs) prescribing the aircraft endorsements that must be held by a licence holder before the holder is permitted to carry out the duties authorised by the licence in a particular type or class of aircraft.
Paragraph 5.22 (2) (b) of CAR 1988 provides that CASA may give directions in the CAOs classifying types of helicopters into classes.
Subregulation 5.23 (1) of CAR 1988 provides that CASA may give directions in the CAOs setting out requirements for the issue of aircraft endorsements.
Civil Aviation Order 40.3.0 prescribes aircraft endorsements for helicopters, classifies types of helicopters into classes and sets out the requirements for the issue of aircraft endorsements for helicopters. The Amendment Order provides for the inclusion of special pilot licences in the list of requirements.
The Amendment Order also provides an alternative path for obtaining an Australian helicopter endorsement if the training for the endorsement is completed overseas.
Currently, if training for an endorsement has been completed overseas, CASA can only issue the endorsement if the endorsement was issued on an overseas licence that CASA recognises, or if the person seeking the endorsement successfully completes the training required for the issue of an overseas endorsement and provides a written statement from the Contracting State where the training was completed that the person would meet the requirements for the issue of the overseas helicopter endorsement.
Under the Amendment Order, the endorsement can be issued if the person has completed training equivalent to the training that would be required in Australia.
The Amendment Order also includes new helicopter endorsements to facilitate new aircraft coming onto the Australian Civil Aircraft Register. It also places some endorsements, which had previously been inserted in the wrong locations, in their correct locations in the appendices.
Legislative Instruments Act
Under subsection 98 (5) of the Act, where the regulations provide for certain instruments to be issued in the form of CAOs, such CAOs are declared to be disallowable instruments. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The Amendment is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultations under section 17 of the LIA have not been undertaken as the Amendment Order is of a minor or machinery nature.
For the same reason, the Office of Regulation Review does not require a Regulation Impact Statement as the instrument is of a minor or machinery nature.
The instrument comes into effect on the day after it is registered.
The Amendment Order has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Amendment Order (No. 1) 2006]
Overview
The Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2006 was enacted to amend the Civil Aviation Regulations 1988, specifically addressing the requirements for aircraft endorsements for helicopters. This legislation was introduced to facilitate the issuance of helicopter endorsements based on equivalent overseas training and to correct placement errors in existing endorsements. The Civil Aviation Amendment Order was made by the Director of Aviation Safety on behalf of CASA, under the authority of section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for air navigation safety. The policy objective is to streamline the process of obtaining helicopter endorsements and to ensure the safety and consistency of pilot qualifications across international borders. The Amendment Order is a legislative instrument subject to tabling and disallowance in the Parliament, although no consultation was required due to its minor nature.
Scope and Application
The Civil Aviation Amendment Order (No. 1) 2006 amends the Civil Aviation Order 40.3.0, which prescribes aircraft endorsements for helicopters, classifies types of helicopters into classes, and sets out the requirements for the issue of aircraft endorsements for helicopters. This amendment applies to licence holders, including individuals and entities, who are authorised to operate helicopters in Australia. The changes facilitate the recognition of overseas training for obtaining helicopter endorsements and provide for the inclusion of special pilot licences within the list of requirements. The amendment also corrects the placement of some helicopter endorsements in the appendices and introduces new endorsements to accommodate new aircraft on the Australian Civil Aircraft Register. The order is applicable nationally, extending to any helicopter operated within Australian airspace by licence holders affected by the amendment. However, the amendment does not exempt any specific person, entity, or type of conduct from its requirements. The order is subject to the provisions of the Legislative Instruments Act 2003, which classifies it as a disallowable instrument, subject to tabling and disallowance in the Parliament. Given the nature of the amendment, consultations under the Legislative Instruments Act and the Office of Regulation Review were deemed unnecessary, and thus, no Regulation Impact Statement was required. The amendment comes into effect on the day following its registration.
Key Provisions
The main operative sections of this Amendment Order pertain to the Civil Aviation Regulations 1988 (CAR 1988), specifically sections 5.22 and 5.23. Section 5.22(1) allows the Civil Aviation Safety Authority (CASA) to issue directions in Civil Aviation Orders (CAOs) that prescribe the aircraft endorsements necessary for a licence holder to operate a particular type or class of aircraft. This includes helicopters, as specified in section 5.22(2)(b) of CAR 1988, where CASA is empowered to classify helicopters into classes through CAOs. Furthermore, section 5.23(1) enables CASA to set out the requirements for the issuance of aircraft endorsements via CAOs. Civil Aviation Order 40.3.0, as amended, includes these provisions and applies them to helicopter endorsements, helicopter classifications, and the requirements for issuing such endorsements.
The Amendment Order imposes specific obligations on licence holders and CASA. Licence holders must now ensure that their training and endorsements are compliant with the new provisions if they wish to operate certain types of helicopters. CASA, on the other hand, is required to assess applications for endorsements based on the criteria set out in the Amendment Order. This includes verifying that overseas training is equivalent to Australian standards and issuing endorsements accordingly. CASA must also ensure that newly introduced helicopter endorsements are correctly classified and placed in their appropriate locations within the appendices.
Failure to comply with the provisions of the Amendment Order may result in various consequences. For CASA, there are potential civil or administrative penalties if the authority does not adhere to the regulatory requirements. For licence holders, non-compliance with the endorsement requirements can result in the inability to legally operate certain types of helicopters in Australia. The specific penalties for breaches are not detailed in the explanatory statement, but generally, under civil aviation laws, penalties can include fines and potential disqualification from holding a licence.
The Amendment Order is a legislative instrument under the Legislative Instruments Act 2003, as it is declared to be a disallowable instrument under section 98(5) of the Civil Aviation Act 1988. Consequently, it is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act. Despite being a legislative instrument, consultations under section 17 of the Legislative Instruments Act were deemed unnecessary because the Amendment Order is of a minor or machinery nature, and no Regulation Impact Statement is required for this reason. The Amendment Order comes into effect on the day following its registration and was made by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.