Civil Aviation Order 40.3.0 Amendment Order (No. 2) 2006

Overview

The Civil Aviation Order 40.3.0 Amendment Order (No. 2) 2006 amends the Civil Aviation Order 40.3.0, which was enacted to address the need for specific regulations governing the aircraft endorsements and classification of helicopters within the Australian aviation industry. The primary aim of this amendment was to facilitate the introduction of new aircraft onto the Australian Civil Aircraft Register by introducing new helicopter endorsements. This amendment was made under the authority of Section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interests of air navigation safety. The Civil Aviation Order 40.3.0 Amendment Order (No. 2) 2006 was developed by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), in accordance with subsection 84A(2) of the Act. This amendment is classified as a legislative instrument under the Legislative Instruments Act 2003 and, while it is subject to tabling and disallowance in the Parliament, consultation was deemed unnecessary as the changes were of a minor or machinery nature.

Scope and Application

The Civil Aviation Order 40.3.0 Amendment Order (No. 2) 2006 applies to persons and entities involved in the operation of helicopters in Australia, including helicopter licence holders and the Civil Aviation Safety Authority (CASA). It pertains to the classification of helicopter types, the requirements for aircraft endorsements, and the conditions under which such endorsements must be held for operating specific types or classes of helicopters. The Amendment Order is a legislative instrument subject to tabling and disallowance in the Parliament, as declared under the Legislative Instruments Act 2003. This amendment ensures that new helicopter endorsements are available to facilitate the registration of new aircraft in the Australian Civil Aircraft Register. The scope of the Amendment Order is limited to minor or machinery changes, which exempts it from broader consultation and impact assessment requirements under the Legislative Instruments Act. The Order is effective from the day following its registration on the Federal Register of Legislative Instruments, and it is issued under the authority of the Civil Aviation Act 1988 by the Director of Aviation Safety on behalf of CASA.

Key Provisions

The main operative sections of the Amendment Order pertain to the Civil Aviation Regulations 1988 (CAR 1988), specifically addressing the classifications and endorsements of helicopters. Subregulation 5.22(1) of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to issue directions in Civil Aviation Orders (CAOs) regarding the aircraft endorsements that must be held by a licence holder to operate a particular type or class of aircraft. The Amendment Order introduces new helicopter endorsements to accommodate new aircraft entering the Australian Civil Aircraft Register. Additionally, subregulation 5.22(2)(b) of the CAR 1988 empowers CASA to classify types of helicopters into classes through CAOs, a directive also addressed by the Amendment Order. Furthermore, subregulation 5.23(1) of the CAR 1988 mandates that CASA set out requirements for the issue of aircraft endorsements, a responsibility also fulfilled by this Amendment Order. The Amendment Order imposes specific obligations and requirements on the parties involved, primarily licence holders and helicopter operators. Licence holders must now ensure they hold the appropriate new helicopter endorsements as specified in the Amendment Order to legally operate certain types of helicopters. This includes obtaining the necessary training and documentation to meet these new standards. Helicopter operators must also comply with the classifications and endorsement requirements set forth by CASA to maintain their operational licenses and ensure compliance with aviation safety standards. The Amendment Order aims to enhance the safety and efficiency of helicopter operations by standardising the requirements for endorsements and classifications. Failure to comply with the provisions of the Amendment Order can result in significant consequences. Violations of the Civil Aviation Act 1988 and associated regulations can lead to both civil and criminal penalties. For instance, operating a helicopter without the required endorsements or classifications could result in fines, imprisonment, or both. The specific penalties are not detailed in the Amendment Order itself but are governed by the broader provisions of the Civil Aviation Act 1988. Additionally, CASA retains the authority to take enforcement actions, including the suspension or revocation of licences, against individuals or entities found in breach of the regulations. The Amendment Order is subject to the Legislative Instruments Act 2003 (LIA), which stipulates that it is a legislative instrument due to its classification as a disallowable instrument under subsection 98(5) of the Civil Aviation Act 1988. This means the Amendment Order is subject to tabling and potential disallowance in the Parliament, as outlined in sections 38 and 42 of the LIA. Despite being a legislative instrument, the Office of Regulation Review has not required a Regulation Impact Statement for this Amendment Order due to its minor and machinery nature. The Amendment Order comes into effect on the day after it is registered on the Federal Register of Legislative Instruments, ensuring timely implementation of the new regulations.