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 However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.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]
Overview
The Civil Aviation Amendment Order (No. R39) 2004, which amends the Civil Aviation Orders, was enacted to ensure that these orders comply with the Legislative Instruments Act 2003. This amendment was necessary as the Legislative Instruments Act 2003 came into effect on 1 January 2005, and it required that all legislative instruments, including civil aviation orders, meet certain technical requirements. The purpose of this specific amendment was to revoke and remake section 40.4.0 of the Civil Aviation Orders, which dealt with aircraft endorsements for gyroplanes, without altering the existing law or policy. The Office of Regulation Review deemed a Regulation Impact Statement unnecessary because the amendment was considered minor and primarily related to machinery of government. The Civil Aviation Amendment Order (No. R39) 2004 was issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988 and took effect upon gazettal.
Scope and Application
The Civil Aviation Orders, specifically the revocation and replacement of Section 40.4.0 regarding aircraft endorsements and log book entries for gyroplanes, apply to all licence holders who operate gyroplanes in Australia. This includes individuals and entities that hold a gyroplane pilot licence and must comply with the regulatory requirements for endorsements and log book entries as stipulated by the Civil Aviation Safety Authority (CASA). The geographic reach of this Order is national, applying across all states and territories in Australia. This Order does not introduce any new policies or changes to existing laws; instead, it ensures that the Civil Aviation Orders align with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. CASA retains the authority to provide detailed directions through subordinate instruments, such as Civil Aviation Orders, to set out specific requirements for aircraft endorsements, the process for issuing these endorsements, and the information that must be recorded in a pilot's log book.
Key Provisions
The Civil Aviation Orders, particularly in relation to section 40.4.0, have been revoked and remade to ensure compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005 (subregulation 5.22(1) and (2), 5.23(1), 5.52(2) of the Civil Aviation Regulations 1988). This revision ensures that the Orders meet modern legislative standards without altering the underlying policy or law. Section 40.4.0 previously prescribed type endorsements for gyroplanes, specified the requirements for issuing these endorsements, and outlined what flight information pilots must record in their log books. The new Order maintains these requirements but updates outdated references and introduces gender-neutral language to ensure clarity and inclusivity.
The obligations imposed by the Order require that licence holders must hold the necessary aircraft endorsements to operate specific types of aircraft, such as gyroplanes, as per subregulation 5.22(1) of the Civil Aviation Regulations 1988. Furthermore, the Civil Aviation Safety Authority (CASA) retains the authority to set out the requirements for issuing these endorsements, ensuring that pilots meet the necessary standards before they are permitted to operate the aircraft. Additionally, pilots must record specific information about each flight in their log books, as per subregulation 5.52(2) of CAR 1988. This includes details that are essential for maintaining safety records and ensuring compliance with aviation regulations.
Failure to comply with the provisions outlined in the Order may result in various consequences. While specific offences and penalties are not detailed in the Order itself, breaches of Civil Aviation Regulations 1988 or related orders can result in substantial penalties under the Civil Aviation Act 1988. These penalties can include fines and, in severe cases, imprisonment. For instance, an individual who operates an aircraft without the required endorsements could face criminal charges, which may result in fines up to a certain amount or imprisonment for a specified period. Civil penalties may also apply for administrative breaches, which can include fines or other corrective measures to ensure compliance with aviation safety standards.