Overview

The Civil Aviation Amendment Order (No. R45) 2004, enacted in 2004, is an amendment to the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Orders. This legislative amendment was introduced to address the need for compliance and consistency with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The Order revokes and remakes section 43.0 of the Civil Aviation Orders, specifically concerning flight engineers on Australian aircraft, while ensuring no changes to existing law or policy. The enactment body responsible for this amendment is the Director of Aviation Safety, pursuant to subsection 84A(2) of the Civil Aviation Act 1988. The primary policy objective behind this Order is to maintain aviation safety by ensuring that regulations are up-to-date and align with legislative requirements. Additionally, the Order takes the opportunity to update outdated references within the Civil Aviation Orders and to introduce gender-neutral wording, enhancing the inclusivity and clarity of the regulations. The Office of Regulation Review determined that a Regulation Impact Statement was not necessary as the amendment is of a minor or machinery of government nature. This amendment aims to ensure that the Civil Aviation Orders remain effective and relevant in meeting contemporary regulatory standards.

Scope and Application

The Civil Aviation Amendment Order (No. R45) 2004 pertains to the Civil Aviation Orders, specifically revising Section 43.0 concerning flight engineers on Australian aircraft. This legislation applies to entities and individuals involved in the operation of Australian aircraft, particularly focusing on the qualifications and requirements for flight engineers as well as the logging of flight time by those holding a flight engineer licence. The Order ensures compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. It also addresses the need to update outdated references and to incorporate gender-neutral language into the Civil Aviation Orders. The scope of this Order is confined to the national jurisdiction of Australia, as it is issued under the Civil Aviation Act 1988 and affects all Australian aircraft operations. While the Order aims to streamline and update existing regulations, it does not introduce any substantive changes in the law or policy. The Order came into effect upon its gazettement and is implemented by the Director of Aviation Safety in accordance with the Civil Aviation Act 1988.

Key Provisions

The main operative sections of this Order concern the remaking of section 43.0 of the Civil Aviation Orders, which pertains to the carriage of flight engineers on Australian aircraft. Specifically, Section 43.0 has been revoked and remade (paragraph 3 of the Explanatory Statement). This change ensures the Civil Aviation Orders comply with the Legislative Instruments Act 2003 and updates outdated references and wording. The order also clarifies that no substantive changes to existing law or policy have been made, with the changes being purely technical to meet legislative requirements. The Order imposes several obligations on the parties it governs. Firstly, it mandates that the Civil Aviation Safety Authority (CASA) may issue directions regarding the information that must be entered in a log book by flight crew licence holders, special pilot licence holders, and certificate of validation holders (Subregulation 5.52(2) of the Civil Aviation Regulations 1988). Secondly, it requires CASA to supplement the minimum operating crew of an Australian aircraft with additional operating crew members, as necessary and directed by CASA, to ensure the safety of air navigation (Subregulation 208(1) of the Civil Aviation Regulations 1988). Furthermore, it necessitates that flight engineers on Australian aircraft adhere to specific training and checking requirements, as outlined in the revised Section 43.0 of the Civil Aviation Orders. In terms of consequences, the Explanatory Statement does not explicitly outline criminal or civil penalties for non-compliance with the Order. However, failure to adhere to the requirements set out in the Civil Aviation Orders, particularly those related to flight engineer licensing and log book entries, could potentially lead to regulatory action by CASA. Such action might include the suspension or revocation of a licence, fines, or other enforcement measures under the Civil Aviation Act 1988. The specific penalties would depend on the nature and severity of the breach, in line with existing regulatory practices and laws.