Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2009
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) 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.
Legislative Instruments Act (LIA)
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 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.
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 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) 2009]
Overview
The Civil Aviation Regulations 1988 Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2009 was introduced to address the need for updated regulations to accommodate new aircraft types on the Australian Civil Aircraft Register, specifically concerning helicopter endorsements. This legislative instrument was enacted under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act with a primary focus on ensuring the safety of air navigation. The policy objective of the Amendment Order is to facilitate the inclusion of new aircraft types by updating the relevant aircraft endorsements, thereby maintaining high safety standards and ensuring that all licence holders are appropriately qualified to operate these aircraft. The Order was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), in accordance with the Act, and it is subject to the provisions of the Legislative Instruments Act 2003 for tabling and disallowance in Parliament.
Scope and Application
The Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2009 amends the Civil Aviation Order 40.3.0 which pertains to aircraft endorsements, the classification of helicopter types, and the requirements for issuing such endorsements, all within the framework of the Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988. This order applies to individuals and entities that hold licences to operate helicopters in Australia, as well as to the Civil Aviation Safety Authority (CASA) which is responsible for the administration and enforcement of these regulations. The scope of this legislation encompasses all helicopters entering the Australian Civil Aircraft Register, thereby affecting the aviation industry specifically in relation to helicopter operations. The geographic reach of this amendment is national, as it applies throughout Australia and is governed by Commonwealth legislation. There are no exclusions or exemptions specified within the amendment; however, it is subject to disallowance in the Parliament under the Legislative Instruments Act 2003, indicating its legislative status. The application of these regulations may be further detailed or modified through subordinate instruments issued by CASA.
Key Provisions
The Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2009 (Amendment Order) primarily amends Civil Aviation Order 40.3.0 to include new helicopter endorsements and to classify types of helicopters into classes. This is done under the authority provided by section 5.22 of the Civil Aviation Regulations 1988 (CAR 1988) which allows the Civil Aviation Safety Authority (CASA) to prescribe aircraft endorsements and classify types of aircraft through Civil Aviation Orders (CAOs). Specifically, subregulation 5.22(1) of the CAR 1988 permits CASA to give directions in CAOs that specify the endorsements required for licence holders to operate particular types or classes of aircraft, while subregulation 5.22(2)(b) allows for the classification of helicopters into classes through CAOs. Furthermore, subregulation 5.23(1) of the CAR 1988 enables CASA to set out requirements for the issuance of aircraft endorsements in CAOs.
The Amendment Order imposes specific obligations on licence holders and CASA. For licence holders, the primary obligation is to ensure that they hold the appropriate endorsements as specified in the amended Civil Aviation Order 40.3.0. These endorsements are necessary to legally operate certain types or classes of helicopters in Australia. CASA, on the other hand, is responsible for issuing these endorsements and classifying types of helicopters into classes, in line with the provisions of the amended order. This includes ensuring that the new helicopter endorsements facilitate the registration of new aircraft on the Australian Civil Aircraft Register, as well as maintaining the safety standards required under the Civil Aviation Act 1988.
Failure to comply with the requirements set out in the Amendment Order may lead to civil and criminal consequences. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act, which includes prescribing penalties for breaches. Although the Amendment Order does not specify particular penalties, non-compliance with the Civil Aviation Regulations 1988 could result in enforcement actions by CASA, including fines, suspension or revocation of licences, and potential legal proceedings. The severity of the penalties would depend on the nature and extent of the breach, with more serious violations potentially leading to criminal charges under the Act. The exact penalties are not stated in the Amendment Order but are governed by the overarching legislation and enforcement guidelines set by CASA.