EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
REVOCATION AND REPLACEMENT OF SECTION 40.3.7
FLIGHT INSTRUCTOR (HELICOPTER) RATING
Regulation 5.14 of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give directions in Civil Aviation Orders (the Orders) setting out the requirements for the issue and renewal of flight crew ratings.
Regulation 5.16 of CAR 1988 provides that CASA may issue or renew a flight crew rating subject to conditions.
Regulation 5.18 of CAR 1988 provides that CASA may give directions in the Orders setting out the authority that is given by a flight crew rating, the limitation on that authority and the flight tests that must be passed before that authority is exercised.
Section 40.3.7 of the Orders set out directions relating to the issue and renewal of flight instructor (helicopter) ratings. It also contained conditions relating to the duration of a rating and to its renewal, as well as details of the minimum aeronautical proficiency and experience required.
This Order revokes and remakes section 40.3.7. This has been done as part of a scheme to review the Civil Aviation Orders, and, in particular, to ensure that they are in a position to meet the technical requirements of the Legislative Instruments Act 2003 when it comes into effect on 1 January 2005. The remake does not involve any changes in existing law or policy in the Order. The Order is being remade solely for the purpose of ensuring compliance and consistency with the Legislative Instruments Act 2003 when it commences on 1 January 2005. However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.
The Office of Regulation Review has stated that a Regulation Impact Statement is not necessary because the remake is of a minor or machinery of government nature.
The Order has been issued by the Director of Aviation Safety in accordance with subsection 84A (2) of the Civil Aviation Act 1988.
The Order came into effect on gazettal.
[Civil Aviation Amendment Order (No. R38) 2004]
Overview
The Civil Aviation Amendment Order (No. R38) 2004, which revokes and remakes section 40.3.7 of the Civil Aviation Orders, was introduced to address the need for the Civil Aviation Orders to comply with the Legislative Instruments Act 2003. Enacted by the Director of Aviation Safety under the Civil Aviation Act 1988, this Order specifically targets the issue and renewal of flight instructor (helicopter) ratings. The primary policy objective of this amendment was to ensure consistency and compliance with legislative requirements, without altering existing laws or policies. The remake also took the opportunity to update references to outdated legislation and introduce gender-neutral language into the Orders. Given the minor nature of the changes, the Office of Regulation Review deemed a Regulation Impact Statement unnecessary. This Order came into effect upon gazettal, effectively updating the Civil Aviation Orders to meet modern legislative standards.
Scope and Application
The Civil Aviation Amendment Order (No. R38) 2004 pertains to the Civil Aviation Regulations 1988 and the Civil Aviation Orders, specifically revoking and replacing Section 40.3.7 concerning the flight instructor (helicopter) rating. This Order applies to individuals and entities involved in the issuance, renewal, and regulation of flight crew ratings, particularly those related to helicopter flight instructors, under the authority of the Civil Aviation Act 1988. The scope extends to the geographical jurisdiction of Australia, with the Civil Aviation Safety Authority (CASA) being the governing body responsible for the administration and enforcement of these regulations. This Order does not introduce new substantive changes to existing law or policy but is a reformative measure to align with the Legislative Instruments Act 2003, ensuring compliance and consistency with contemporary legislative standards. Additionally, it updates references to outdated legislation and incorporates gender-neutral language. The Order came into effect upon gazettal and is enforced by the Director of Aviation Safety as per the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) provide the framework for the administration of civil aviation in Australia, and include provisions for flight crew ratings, including flight instructor ratings for helicopters (section 5.14, 5.16 and 5.18). These sections allow the Civil Aviation Safety Authority (CASA) to set out the requirements for issuing and renewing flight crew ratings in Civil Aviation Orders (the Orders). The specific requirements for flight instructor (helicopter) ratings were previously outlined in section 40.3.7 of the Orders. This section has now been revoked and replaced by a new Order (Civil Aviation Amendment Order (No. R38) 2004), which maintains the same substantive requirements but updates references and wording to comply with the Legislative Instruments Act 2003 and to be gender-neutral.
The new Order imposes similar obligations on applicants for flight instructor (helicopter) ratings, including the requirement to meet minimum aeronautical proficiency and experience standards, and to pass any necessary flight tests. The Order also sets out the conditions for the duration and renewal of the rating. These obligations are designed to ensure that individuals holding a flight instructor (helicopter) rating are competent and qualified to provide flight instruction in helicopters.
Failure to comply with the requirements set out in the Order may result in CASA refusing to issue or renew a flight instructor (helicopter) rating. There are no specific criminal or civil penalties outlined in the Order for non-compliance with the requirements. However, the failure to meet the requirements for a flight instructor (helicopter) rating may result in an individual being unable to provide flight instruction in helicopters, which could have commercial and safety implications. The maximum penalties for breaches of the Civil Aviation Act 1988 or the CAR 1988, in general, can include substantial fines and imprisonment, depending on the seriousness of the offence.