Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2008
Legislation
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) 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 (CAO 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. This Amendment Order is necessary to facilitate the introduction of new helicopter types or new variants of existing helicopters to the Civil Aircraft Register and to correct minor typographical errors in CAO 40.3.0.
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 Standards Consultative Committee was advised of CASA’s intent to make the Amendment to the Order.
Office of Best Practice Regulation (OBPR)
The OBPR does not require a Regulation Impact Statement because a preliminary assessment of the Business Compliance Costs indicates that the Amendment Order will have only a low impact on business.
The instrument commences 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) 2008]