Explanatory Statement
Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2007
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for 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 includes new helicopter endorsements to facilitate new aircraft coming onto the Australian Civil Aircraft Register and corrects a minor typographical error.
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 Order 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
Consultation under section 17 of the LIA has not been undertaken as the amendments are of a minor or machinery nature.
The Office of Best Practice Regulation does not require a Regulation Impact Statement because a preliminary assessment of the Business Compliance Costs indicates that the amendment will have only a low impact on business.
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 Order 40.3.0 Amendment Order (No. 1) 2007]
Overview
The Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2007 was enacted to address minor amendments in the Civil Aviation Order 40.3.0, which pertains to aircraft endorsements for helicopters, their classification, and the requirements for issuing such endorsements. This amendment was introduced to facilitate the registration of new aircraft in the Australian Civil Aircraft Register and to correct a minor typographical error present in the original order. The Order was made under the authority of Section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act, specifically for the safety of air navigation. The enacting body responsible for this amendment is the Director of Aviation Safety, on behalf of the Civil Aviation Safety Authority (CASA), in accordance with the provisions of the Civil Aviation Act 1988. The policy objective underpinning this amendment is to ensure the safe and efficient operation of helicopters in Australia by maintaining accurate and up-to-date licensing and classification standards.
Scope and Application
The Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2007 applies to licence holders and helicopter operators within Australia who require specific aircraft endorsements for helicopters as stipulated in the Civil Aviation Order 40.3.0. The amendment facilitates the registration of new aircraft and corrects minor errors, ensuring that regulatory requirements are accurate and up-to-date. This Act operates under the broader framework of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act, particularly concerning the safety of air navigation. The geographic scope of this amendment is national, affecting all helicopter operations within Australia. The amendment is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. Given the minor nature of the changes, consultation was deemed unnecessary, and no Regulation Impact Statement was required as the amendment is expected to have a low impact on business compliance costs.
Key Provisions
The main operative sections of the Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2007 concern the amendment of existing Civil Aviation Order (CAO) 40.3.0. Specifically, Section 3 of the Amendment Order introduces new helicopter endorsements to accommodate new aircraft entering the Australian Civil Aircraft Register and corrects a typographical error in the original CAO 40.3.0 (Subregulations 5.22(1) and 5.23(1) of the Civil Aviation Regulations 1988). These amendments ensure that the regulations remain current and accurate in reflecting the types of aircraft and the necessary endorsements for their operation.
The obligations imposed by this Amendment Order on the relevant parties primarily involve ensuring compliance with the updated endorsements and classifications. Licence holders must now adhere to the new specifications outlined in CAO 40.3.0, which includes obtaining the appropriate endorsements for the types of helicopters they wish to operate. Additionally, the Civil Aviation Safety Authority (CASA) is tasked with overseeing the implementation of these changes, ensuring that all licence holders are aware of and comply with the new requirements.
In terms of breaches and consequences, the Amendment Order itself does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, the overarching Civil Aviation Act 1988 and Civil Aviation Regulations 1988 provide the framework within which these matters are addressed. Non-compliance with the requirements set out in the CAOs, including the failure to hold the correct endorsements or operate aircraft as classified, could result in penalties such as fines or legal action. The severity of the penalty would depend on the nature and extent of the breach, as well as any resulting impact on aviation safety.
Moreover, as a legislative instrument, the Amendment Order is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. This means that while the Amendment Order comes into effect on the day after it is registered, there is a mechanism for parliamentary scrutiny, providing an additional layer of oversight to ensure that the changes align with legislative intent and public interest.