Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2011

Overview

The Civil Aviation Act 1988, enacted to regulate the safety and efficiency of civil aviation in Australia, introduced various measures to ensure the safe operation of aircraft. One such measure is the introduction of the Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2011, which aims to facilitate the inclusion of a new helicopter endorsement to accommodate a new aircraft type entering the Australian Civil Aircraft Register. This amendment was necessitated to ensure that pilots and operators comply with the required standards and endorsements necessary for the operation of specific aircraft types. The Amendment Order was made by the Acting Director of Aviation Safety, on behalf of the Civil Aviation Safety Authority (CASA), and adheres to the provisions set out in the Civil Aviation Act 1988. Furthermore, as per the Legislative Instruments Act 2003, this Amendment Order is classified as a legislative instrument and is subject to tabling and disallowance in the Parliament. Despite the importance of the amendment, consultation under the Legislative Instruments Act was deemed unnecessary as the amendment is considered minor or of a machinery nature. Additionally, the Office of Best Practice Regulation determined that a Regulation Impact Statement was not required due to the low anticipated impact on business compliance costs.

Scope and Application

The Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2011 pertains to the Civil Aviation Act 1988 and applies to individuals and entities involved in the operation of aircraft within Australia, specifically those involved with helicopter endorsements and classifications. The Order is concerned with ensuring that licence holders possess the appropriate endorsements to operate specific types of helicopters as classified under the Civil Aviation Regulations 1988. It facilitates the registration of a new type of helicopter on the Australian Civil Aircraft Register by introducing a new helicopter endorsement. This Amendment Order extends to the entire nation and is enforced by the Civil Aviation Safety Authority (CASA). The instrument does not specify exclusions or exemptions but introduces a new legislative instrument under the Legislative Instruments Act 2003, making it subject to tabling and disallowance in the Parliament. While the instrument is classified as minor or machinery in nature, it has undergone preliminary assessment indicating a low impact on business compliance costs, thus not necessitating a consultation process or a Regulation Impact Statement from the Office of Best Practice Regulation. The Amendment Order is effective from the day after its registration.

Key Provisions

The Civil Aviation Order 40.3.0 Amendment Order (No. 1) 2011 amends the Civil Aviation Order 40.3.0 to include a new helicopter endorsement, which is essential for licence holders to operate a newly registered helicopter in Australia. This amendment is in line with Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act, particularly focusing on the safety of air navigation. The new endorsement ensures that operators meet the necessary requirements to carry out their duties safely and effectively in the specific type or class of helicopter. The Amendment Order imposes certain obligations on licence holders and operators of helicopters. It mandates that licence holders obtain the new helicopter endorsement before operating any newly registered helicopter. This requirement aligns with subregulation 5.22(1) of the Civil Aviation Regulations 1988, which allows the Civil Aviation Safety Authority (CASA) to prescribe aircraft endorsements in Civil Aviation Orders. Furthermore, subregulation 5.23(1) of the same regulations outlines the requirements for the issue of these endorsements, ensuring that they are met in a manner that maintains safety standards. Failure to comply with the provisions of the Amendment Order could lead to serious consequences. While specific offences and penalties are not detailed in the provided text, the nature of the regulation suggests that non-compliance could result in enforcement actions by CASA. Typically, violations related to air navigation safety can lead to penalties that might include fines, suspension or revocation of the licence, and potential criminal charges for more severe infractions. The seriousness of these consequences underscores the importance of adhering to the new endorsement requirements. The Amendment Order is declared to be a disallowable instrument under the Legislative Instruments Act 2003, which means it is subject to tabling and potential disallowance in Parliament. This classification is in accordance with subsection 98(5) of the Civil Aviation Act 1988 and subparagraph 6(d)(i) of the Legislative Instruments Act 2003. Although consultation under section 17 of the LIA was deemed unnecessary as the amendment is considered minor, the formal process ensures that the legislative changes are transparent and accountable. The Order comes into effect the day after it is registered, highlighting the urgency and importance of updating the regulatory framework to accommodate new aircraft.