Overview

The Civil Aviation Amendment Order (No. R41) 2004, which amends the Civil Aviation Regulations 1988, was enacted to ensure compliance and consistency with the Legislative Instruments Act 2003. This Order revokes and remakes section 40.4.3 of the Civil Aviation Orders, which sets out the syllabus of training for a commercial pilot (gyroplane) licence. The amendment was introduced as part of a broader scheme to review the Civil Aviation Orders and ensure they meet the technical requirements of the Legislative Instruments Act 2003 when it comes into effect on 1 January 2005. While the primary objective of this Order is to align the Civil Aviation Orders with the new legislative framework, it also provides an opportunity to update outdated references to legislation and to introduce gender-neutral wording into the Order. The Director of Aviation Safety issued the Order in accordance with subsection 84A(2) of the Civil Aviation Act 1988, and it came into effect upon gazettal. The Office of Regulation Review has determined that a Regulation Impact Statement is not necessary due to the minor and machinery of government nature of the amendment.

Scope and Application

The Civil Aviation Amendment Order (No. R41) 2004 pertains to the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Orders, specifically focusing on the revocation and remaking of section 40.4.3, which concerns the syllabus for a commercial pilot (gyroplane) licence. This Order applies to individuals and entities involved in the training and certification of gyroplane pilots, ensuring they meet the required aeronautical knowledge and skills as specified in the Order. It is relevant to all those within the aviation industry who are engaged in the training and assessment processes for obtaining a commercial pilot (gyroplane) licence. The Order operates within the Commonwealth jurisdiction, as it is issued by the Director of Aviation Safety under the Civil Aviation Act 1988. While the Order aims to ensure compliance with the Legislative Instruments Act 2003, it does not introduce any changes in existing law or policy, but rather updates outdated references and introduces gender-neutral wording for clarity and inclusivity. The Order came into effect immediately upon gazettal and, as per the Office of Regulation Review, does not require a Regulation Impact Statement due to its minor nature.

Key Provisions

The Civil Aviation Amendment Order (No. R41) 2004 revokes and replaces Section 40.4.3 of the Civil Aviation Orders, which outlines the syllabus for a commercial pilot (gyroplane) licence, with no changes to the existing law or policy (subsection 84A(2) of the Civil Aviation Act 1988). This change is a response to the impending commencement of the Legislative Instruments Act 2003 on 1 January 2005, ensuring the Orders are compliant with the new legislative framework. Additionally, the Order updates outdated references and introduces gender-neutral language. This amendment does not require a Regulation Impact Statement as it is considered minor or related to machinery of government. The primary obligation imposed by this Order is on the Civil Aviation Safety Authority (CASA) to ensure that the updated syllabus for a commercial pilot (gyroplane) licence is compliant with the Legislative Instruments Act 2003 and includes current, accurate references and gender-neutral language. CASA must also ensure that the training requirements for obtaining a commercial pilot (gyroplane) licence align with the updated syllabus. This ensures that all training programmes remain up-to-date and legally compliant, thereby maintaining safety and regulatory standards within the aviation industry. While this Order itself does not specify particular offences, penalties, or civil/criminal consequences for breach, the broader Civil Aviation Regulations 1988 (CAR 1988) provide the framework under which non-compliance with aviation training syllabi can result in serious consequences. Failure to meet the training requirements specified in the updated syllabus could lead to CASA denying a commercial pilot (gyroplane) licence, potentially resulting in civil penalties or legal action for the individual or training organisation involved. Furthermore, any violations of the CAR 1988 related to aviation safety and training could lead to substantial fines or imprisonment, depending on the severity of the breach.