Civil Aviation Order 40.7 Amendment Order (No. 1) 2006

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2006L02072 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Order 40.7 Amendment Order (No. 1) 2006

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.

 

Under subregulation 5.23 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions in Civil Aviation Orders (the CAOs) setting out the requirements for the issue of aircraft endorsements.

 

For balloons, these directions are contained in Civil Aviation Order 40.7 (CAO 40.7). Under subsection 3 of CAO 40.7, endorsements are prescribed as class 1 to class 5.

 

Endorsements

Paragraph 12.5 of CAO 40.7 sets out the requirements for the issue of a class 2 endorsement. Sub-subparagraph 12.5 (a) (i) sets out certain aeronautical experience requirements. Sub-subparagraph 12.5 (a) (ii) sets out the requirements to hold a class 1 endorsement and undertake at least 6 hours of flying training in a class 2 balloon with a flight instructor who holds a class 2 endorsement.

 

Paragraph 12.6 of CAO 40.7 sets out the requirements for the issue of a class 3 endorsement. Under sub-subparagraph 12.6 (a) (ii), the requirements include holding a class 2 endorsement and undertaking at least 6 hours of flying training in a class 3 balloon with a flight instructor who holds a class 3 endorsement; or alternatively, holding a class 1 endorsement and undertaking at least 10 hours of flying training in a class 3 balloon with a flight instructor who holds a class 3 endorsement.

 

When the 4 class endorsements based on balloon size were first introduced, it had been intended that use of the alternative method of qualifying for a class 3 endorsement would also qualify a person for the class 2 endorsement. However, this was not possible on the wording of sub-subparagraph 12.5 (a) (ii).

 

The Amendment Order rectifies this by providing in a new sub-subparagraph 12.5 (a) (ii) that, subject to meeting the aeronautical experience requirements, holding a class 3 endorsement is an alternative method of qualifying for a class 2 endorsement.

 

Ratings

Under subregulation 5.17 (3) of CAR 1988, CASA may give directions in the CAOs setting out the period for which a flight crew rating, or grade of flight crew rating, remains in force.

 

Paragraph 16.3 of CAO 40.7 provides that for subregulation 5.17 (3) a flight instructor (balloon) rating remains in force for 1 year from the day on which the rating was issued, or for 2 years from the day on which the rating was renewed. Each of these dates was taken to be the day of the actual flight test for the respective ratings. For administrative flexibility, the Amendment Order modifies this so that a flight instructor (balloon) rating will remain in force for 1 year from the last day of the month in which the rating was issued, or 2 years from the last day of the month in which the rating was renewed.

 

A new paragraph 16.4A provides, in effect, a definition of renewed. If the flight test for renewal has been passed within the 90 days before the rating would have expired, the flight instructor (balloon) rating is taken to be renewed on the day the rating would have expired. In any other case, the rating is taken to be renewed on the day on which the flight test was passed.

 

In the 90 day option, the 1 day overlap of the renewal with the previous rating is necessary because otherwise, given the terms of new paragraph 16.3 (b) mentioned above, back-to-back renewals could result in a monthly creep in the duration of the rating. For example, if the expiry of a rating were on the last day of a month, and its renewal were on the first day of the next month this would result in the renewed rating remaining in force until the end of 2 years from the last day of that new month.

 

These changes bring the CAO provisions for balloons into line with comparable provisions in CAO 40.1.7 for the duration and renewal of flight instructor (aeroplane) ratings.

 

Legislative Instruments Act

Under subregulation 235 (7) of CAR 1988, CASA is empowered to give directions. Under regulation 5 of CAR 1988, where CASA is empowered to give directions it may do so in the form of a CAO. Also, under subregulation 5.17 (3) of CAR 1988, CASA is empowered to give directions in the form of CAOs. Under subsection 98 (5) of the Act, where regulations provide for an instrument to be issued in the form of a CAO, the CAO is declared to be a disallowable instrument. An amendment to the CAO is similarly disallowable.

 

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 Order is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation under section 17 of the LIA has not been undertaken in this case. The Amendment Order merely brings the provisions of CAO 40.7 for flight instructor (balloon) rating durations and renewals into line with existing provisions for flight instructor (aeroplane) ratings.

 

Therefore, the Amendment Order will not substantially alter existing arrangements and is regarded as being of a minor or machinery nature. The Office of Regulation Review has agreed that it may proceed without the preparation of a Regulation Impact Statement.

 

The instrument comes into effect on the day after it is registered.

 

The instrument 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 40.7 Amendment Order (No. 1) 2006]

Overview

The Civil Aviation Order 40.7 Amendment Order (No. 1) 2006 amends Civil Aviation Order 40.7 (CAO 40.7) to correct a discrepancy in the requirements for obtaining balloon endorsements. This amendment was enacted to address the gap where the existing provisions did not align with the initial intent of allowing a class 3 endorsement to qualify for a class 2 endorsement, as specified in paragraph 12.5(a)(ii) of CAO 40.7. The objective of the amendment is to ensure that the regulatory framework governing balloon endorsements accurately reflects the intended qualifications and training standards. This change was authorised by the Civil Aviation Act 1988 and implemented by the Civil Aviation Safety Authority (CASA) through the authority granted under subregulation 5.23(1) of the Civil Aviation Regulations 1988. Additionally, the amendment introduces new provisions regarding the duration and renewal periods for flight instructor (balloon) ratings, aligning them with the provisions for flight instructor (aeroplane) ratings. This change ensures consistency across different types of flight instructor ratings and is designed to maintain administrative efficiency without altering existing substantive arrangements.

Scope and Application

The Civil Aviation Order 40.7 Amendment Order (No. 1) 2006 amends the Civil Aviation Order 40.7, which sets out the requirements for the issue of aircraft endorsements for balloons under the Civil Aviation Act 1988. This amendment applies to individuals and entities involved in the operation of balloons, specifically focusing on the issuance of class 2 and class 3 endorsements. It rectifies a discrepancy in the original wording of sub-subparagraph 12.5(a)(ii) by allowing those holding a class 3 endorsement to qualify for a class 2 endorsement, subject to meeting aeronautical experience requirements. Additionally, it modifies the duration and renewal terms for flight instructor (balloon) ratings to align with the provisions for flight instructor (aeroplane) ratings, providing clarity and consistency in the regulatory framework. The amendment applies nationally and is subject to the disallowance provisions under the Legislative Instruments Act 2003. Given its minor nature and alignment with existing regulations, consultation under the Legislative Instruments Act was deemed unnecessary. The changes are effective from the day after the order is registered.

Key Provisions

The Civil Aviation Order 40.7 Amendment Order (No. 1) 2006 amends certain provisions of the Civil Aviation Order 40.7, which pertains to the requirements for the issue of aircraft endorsements and ratings for balloons. Under the new amendment, a new sub-subparagraph 12.5(a)(ii) is introduced, which allows a person holding a class 3 endorsement to qualify for a class 2 endorsement, subject to meeting the aeronautical experience requirements. Furthermore, a new paragraph 16.4A is introduced, which provides a definition of "renewed" for the purposes of the duration and renewal of flight instructor (balloon) ratings. The obligations and requirements imposed by this Amendment Order are primarily on flight instructors and those seeking to obtain a class 2 or class 3 endorsement. For flight instructors, the amendment requires them to adhere to the new provisions for the duration and renewal of their ratings. For those seeking to obtain a class 2 or class 3 endorsement, the amendment requires them to meet the new aeronautical experience requirements and to undertake the requisite flying training with a qualified flight instructor. The Amendment Order does not impose any new offences or penalties. However, failure to comply with the requirements of the Order may result in the suspension or revocation of a flight instructor's rating or the refusal to issue or renew an endorsement. The maximum penalty for contravening the provisions of the Civil Aviation Order 40.7 is a fine of up to $22,200 for an individual and $111,000 for a body corporate, as provided under section 16 of the Civil Aviation Act 1988. In summary, the Civil Aviation Order 40.7 Amendment Order (No. 1) 2006 amends certain provisions of the Civil Aviation Order 40.7 to bring them into line with comparable provisions for aeroplanes. The amendment introduces new provisions for the issue of class 2 and class 3 endorsements and for the duration and renewal of flight instructor (balloon) ratings. Failure to comply with the requirements of the Order may result in the suspension or revocation of a flight instructor's rating or the refusal to issue or renew an endorsement, with the maximum penalty for contravening the provisions of the Order being a fine of up to $22,200 for an individual and $111,000 for a body corporate.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.