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]
Overview
The Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2008 was introduced to address the need for updating and correcting the Civil Aviation Order 40.3.0 concerning aircraft endorsements, classification of helicopter types, and the requirements for issuing these endorsements. This amendment was enacted by the Civil Aviation Safety Authority (CASA) under the authority granted by Section 98 of the Civil Aviation Act 1988, ensuring that regulations made in the interests of the safety of air navigation are appropriately updated and maintained. The objective of this amendment was to facilitate the introduction of new helicopter types or variants into the Civil Aircraft Register and to correct minor typographical errors within the existing order. The enactment by the Director of Aviation Safety, on behalf of CASA, ensures that the necessary regulatory adjustments are implemented efficiently and in accordance with legislative requirements.
Scope and Application
The Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2008 amends the Civil Aviation Order 40.3.0, which is part of the Civil Aviation Regulations 1988 (CAR 1988). The Order applies to entities and individuals involved in the operation of helicopters within the Commonwealth of Australia. This includes helicopter operators, pilots, and other personnel who need to comply with the regulations regarding aircraft endorsements, the classification of helicopter types, and the requirements for issuing such endorsements. The amendments introduced by this Order are designed to facilitate the registration of new helicopter types or variants, as well as to correct minor typographical errors in the existing Order. This ensures that the regulatory framework remains up-to-date and accurate, thereby supporting the safety and efficiency of civil aviation operations. The Order is subject to the legislative process, including tabling and potential disallowance in the Parliament, as per the Legislative Instruments Act 2003. However, because the changes are considered minor and primarily of a technical nature, consultation and a detailed impact assessment were deemed unnecessary. The Order comes into effect on the day following its registration.
Key Provisions
Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations for the Act, primarily to ensure the safety of air navigation. Subregulation 5.22(1) of the Civil Aviation Regulations 1988 (CAR 1988) empowers the Civil Aviation Safety Authority (CASA) to issue directions through Civil Aviation Orders (CAOs) that specify the aircraft endorsements that must be held by a licence holder before they can operate a particular type or class of aircraft. Furthermore, paragraph 5.22(2)(b) of the same regulation allows CASA to classify types of helicopters into classes through CAOs. Subregulation 5.23(1) of CAR 1988 permits CASA to set out requirements for the issuance of aircraft endorsements through CAOs. Civil Aviation Order 40.3.0 (CAO 40.3.0) specifically addresses helicopter endorsements, classification, and issuance requirements.
The obligations imposed by this legislation on parties or entities are primarily focused on compliance with the specified aircraft endorsements and classifications. Licence holders must ensure they possess the correct endorsements for the type or class of aircraft they intend to operate. CASA is responsible for issuing these endorsements and maintaining the classifications of helicopter types according to CAO 40.3.0. The Amendment Order is intended to facilitate the introduction of new helicopter types or variants to the Civil Aircraft Register and to correct minor typographical errors in the existing order. This ensures that the regulations remain accurate and up to date.
In terms of penalties and consequences, the Amendment Order is a legislative instrument and is subject to disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Failure to comply with the requirements set out in CAO 40.3.0 could result in legal repercussions for the licence holder, as they would not be authorised to operate the specified type or class of aircraft. Although the Office of Best Practice Regulation does not require a Regulation Impact Statement due to the low business compliance cost impact, non-compliance with the regulations could lead to safety issues, which are of paramount importance in aviation.