EXPLANATORY STATEMENT

CIVIL AVIATION REGULATIONS 1988

CIVIL AVIATION ORDERS

REVOCATION AND REPLACEMENT OF SECTION 40.4.0

AIRCRAFT ENDORSEMENTS (AND LOG BOOK ENTRIES) — GYROPLANES

Subregulation 5.22 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that the Civil Aviation Safety Authority (CASA) may give directions in Civil Aviation Orders (the Orders) 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.

Subregulation 5.22 (2) of CAR 1988 provides that CASA may give directions in the Orders setting out the requirements for the issue of aircraft endorsements.

Subregulation 5.23 (1) of CAR 1988 provides that CASA may give directions in the Orders setting out requirements for the issue of aircraft endorsements.

Subregulation 5.52 (2) of CAR 1988 provides that CASA may give directions in the Orders setting out the information about each flight that a person undertaking the flight must record in his or her log book.

Section 40.4.0 of the Orders prescribed type endorsements for gyroplanes, and set out the requirements for the issue of those endorsements.  It also set out directions relating to the information that the pilot of a gyroplane had to record in his or her log book.

This Order revokes and remakes section 40.4.0.  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  However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.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. R39) 2004]