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]
Overview
The Civil Aviation Order 40.6 Amendment Order (No. 1) 2008 was enacted to address the issue raised by the Aerial Agricultural Association of Australia regarding the scope of the Civil Aviation Safety Authority's (CASA) responsibilities and the content of the agricultural pilot ratings syllabus. The Civil Aviation Act 1988 provides the legislative framework for the regulation of civil aviation in Australia, empowering CASA to make regulations and orders to ensure air navigation safety. The primary objective of this amendment was to refine the syllabus for agricultural pilot ratings, ensuring it remains focused on safety-critical aeronautical knowledge and skills while removing non-essential elements such as chemical handling knowledge, which is outside CASA's purview. This amendment was made in consultation with the Aerial Agricultural Association of Australia and is subject to the Legislative Instruments Act 2003, which governs the making, tabling, and disallowance of legislative instruments in the Parliament. The Office of Best Practice Regulation determined that the amendments would have a minimal impact on business compliance costs, thus not requiring a Regulation Impact Statement. The Amendment Order came into effect on the day following its registration.
Scope and Application
The Civil Aviation Order 40.6 Amendment Order (No. 1) 2008 amends Civil Aviation Order 40.6 (CAO 40.6), which pertains to the issue and renewal of agricultural (aeroplane) and agricultural pilot (helicopter) ratings, including the conduct of flight tests. The CAO 40.6 applies to individuals seeking to obtain or renew agricultural flight crew ratings, and to the Civil Aviation Safety Authority (CASA) which is responsible for issuing or renewing these ratings. This Act is a component of the broader framework established by the Civil Aviation Act 1988, and its regulations, the Civil Aviation Regulations 1988 (CAR 1988). The jurisdiction of this Act extends across Australia, as it applies to the national regulatory framework overseen by CASA. The amendments made by this Order are designed to refine the syllabus for agricultural ratings, focusing on safety-related aeronautical knowledge and removing non-flight safety related topics such as knowledge of chemicals, in response to feedback from the Aerial Agricultural Association of Australia. This Amendment Order is subject to parliamentary disallowance under the Legislative Instruments Act 2003.
Key Provisions
The key provisions of the Civil Aviation Order 40.6 Amendment Order (No. 1) 2008 revolve around the adjustments made to the Civil Aviation Order 40.6 (CAO 40.6) concerning the issue and renewal of agricultural (aeroplane) and agricultural pilot (helicopter) ratings. These amendments, introduced following consultations with the Aerial Agricultural Association of Australia (AAAA), focus on enhancing the training and safety standards for agricultural pilots. Regulation 5.14 (CAR 1988) stipulates that the Civil Aviation Safety Authority (CASA) can issue directions in Civil Aviation Orders, which includes setting requirements for flight crew ratings, such as flight tests that must be passed. Regulation 5.16 (CAR 1988) allows CASA to issue or renew a flight crew rating, subject to certain conditions. Regulation 5.18 (CAR 1988) further mandates that CASA can specify the authority granted by a flight crew rating, the limitations on that authority, and the necessary flight tests to exercise that authority.
The obligations imposed by these regulations on agricultural pilots include adhering to the updated syllabus, which now encompasses the safety-related topic of Human Factors and removes non-flight safety related elements such as knowledge of chemicals. This retitled syllabus, now named “Aeronautical knowledge standards — Syllabus of training for agricultural rating,” ensures that training focuses on the core competencies necessary for safe aerial application operations. Agricultural pilots must also comply with the flight tests and checks outlined in the amended CAO 40.6 to maintain their proficiency and ratings. These obligations are designed to ensure that agricultural pilots maintain the highest standards of safety and competency in their operations.
Failure to comply with the requirements set out in the amended CAO 40.6 may lead to consequences, although specific offences and penalties are not detailed within the provided text. However, under the Legislative Instruments Act 2003, the Amendment Order is classified as a legislative instrument, making it subject to tabling and disallowance in the Parliament. This means that any significant deviation from the outlined standards could be subject to parliamentary review and potential disallowance if deemed necessary. The amendments are intended to streamline and focus the training and operational requirements on safety-critical areas, ensuring that agricultural pilots are well-prepared to perform their duties safely and effectively.