Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 40.6 Amendment Order (No. 1) 2008
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Regulation 5.14 of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give directions in Civil Aviation Orders (the CAOs) setting out the requirements for the issue and renewal of flight crew ratings. The CAOs may include flight tests that must be passed.
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 form of CAOs 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.
Civil Aviation Order 40.6 (CAO 40.6) sets out directions relating to the issue and renewal of an agricultural (aeroplane) rating and agricultural pilot (helicopter) rating, including the conduct of flight tests. It also contains conditions relating to aeronautical knowledge and aeronautical skill, the authority given by the various ratings and the conduct of flight checks to maintain proficiency.
Complaints were received from the Aerial Agricultural Association of Australia (AAAA) that CASA was examining aerial application chemicals handling which was not CASA’s responsibility. CASA has worked with the AAAA on amendments to CAO 40.6.
The amendments involve retitling the syllabus as “Aeronautical knowledge standards — Syllabus of training for agricultural rating” (rather than just a syllabus for examinations), introducing into the syllabus the safety‑related topic of Human Factors and removing elements of the syllabus that are not flight safety related, such as knowledge of chemicals.
Legislative Instruments Act
Under subsection 98 (5) of the Act, where the regulations provide for certain instruments to be issued in the form of CAOs, such CAOs are declared to be disallowable instruments. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The Amendment is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
CASA and the AAAA have worked together on these amendments.
Office of Best Practice Regulation
The Office of Best Practice Regulation does not require a Regulation Impact Statement because a preliminary assessment of the Business Compliance Costs indicates that the amendments will have only a low impact on business.
The Amendment Order commences on the day after it is registered.
The Amendment Order has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Order 40.6 Amendment Order (No. 1) 2008]