Overview

The Civil Aviation Amendment Order (No. R44) 2004 was enacted to address the need for compliance and consistency with the Legislative Instruments Act 2003, which was set to come into effect on 1 January 2005. This legislative amendment was necessary to ensure that the Civil Aviation Orders were updated and aligned with the new legislative framework, particularly regarding the technical requirements outlined in the Legislative Instruments Act 2003. The Order revokes and remakes section 40.8.3 of the Civil Aviation Orders, which deals with aircraft endorsements for airships, without altering any existing laws or policies. The Civil Aviation Amendment Order (No. R44) 2004 was issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988 and came into effect upon gazettal. The Office of Regulation Review determined that a Regulation Impact Statement was not necessary for this minor, machinery-of-government nature amendment.

Scope and Application

The Civil Aviation Amendment Order (No. R44) 2004 applies to individuals who hold a flight crew licence, a special pilot licence, or a certificate of validation, as well as to the Civil Aviation Safety Authority (CASA), which is responsible for issuing directions in Civil Aviation Orders (the Orders) relating to aircraft endorsements, log book entries, and training syllabuses. The scope of the Act is confined to the regulation and administration of civil aviation in Australia, and its impact is therefore national in terms of jurisdictional reach. The Order specifically addresses the issue of aircraft endorsements for airships, replacing section 40.8.3 of the Civil Aviation Orders. The legislative amendment does not introduce any changes to existing law or policy; rather, it serves to ensure compliance with the Legislative Instruments Act 2003. The Order was issued by the Director of Aviation Safety under the authority granted by the Civil Aviation Act 1988 and took effect upon gazettal. Any further extension or restriction of the application of this Act is to be found in subordinate instruments issued by CASA in accordance with the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Amendment Order (No. R44) 2004 primarily focuses on the revocation and replacement of section 40.8.3 in the Civil Aviation Orders (Orders). This section pertains to the requirements for aircraft endorsements for airships, which must be held by individuals holding a flight crew licence, a special pilot licence, or a certificate of validation. Specifically, section 40.8.3 is concerned with the training requirements for airship endorsements and the entries that need to be made in log books, as outlined in relevant syllabuses attached to the section. Under the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) is empowered to issue directions through the Orders regarding aircraft endorsements, training requirements, and log book entries. This authority is exercised through regulation 5.22, 5.23, and 5.52(2) of CAR 1988, respectively. Furthermore, regulation 5.59 of CAR 1988 allows CASA to prepare and publish syllabuses of training, including those for balloons. The amendment made by the Order is a formal one, designed to ensure compliance with the Legislative Instruments Act 2003, which took effect on 1 January 2005. It involves the revocation and remaking of section 40.8.3 without altering the existing law or policy. The Office of Regulation Review determined that a Regulation Impact Statement was unnecessary due to the minor and machinery nature of the amendment. The Order was issued by the Director of Aviation Safety in accordance with subsection 84A(2) of the Civil Aviation Act 1988 and came into effect upon gazettal. While the Order does not introduce new obligations or requirements beyond those already specified in the Civil Aviation Regulations 1988, it ensures that the language and references within the Orders are updated and gender-neutral. Any breach of the provisions within the Civil Aviation Orders can result in civil or criminal penalties as determined by the Civil Aviation Act 1988. The maximum penalties for breaches of civil aviation regulations can vary widely depending on the nature and severity of the offence, and may include fines and imprisonment.