Explanatory Statement
Civil Aviation Order 43.1 Amendment Order (No. 1) 2006
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Regulation 5.22 of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give directions in Civil Aviation Orders (the CAOs) prescribing the aircraft endorsements that must be held by the holder of a flight crew licence, a special pilot licence or a certificate of validation before the holder is permitted to carry out the duties authorised by the licence or certificate in a particular type or class of aircraft or in an aircraft that has a special design feature.
Subregulation 5.23 (1) of CAR 1988 provides that CASA may give directions in the CAOs setting out requirements for the issue of aircraft endorsements.
Civil Aviation Order 43.1 prescribes type and class endorsements for flight engineer licences. The Amendment Order brings aircraft endorsements issued to flight engineers into line with those issued to pilots. The Amendment Order also includes new aircraft endorsements to facilitate new aircraft coming onto the Australian Civil Aircraft Register. The opportunity was also taken to correct a typographical error identified by the Senate Standing Committee on Regulations and Ordinances.
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 Order 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
Consultation under section 17 of the LIA has not been undertaken as the amendments are of a minor or machinery nature.
For the same reason, the Office of Regulation Review does not require a Regulation Impact Statement as the amendments are of a minor or machinery nature.
The instrument comes into effect 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 43.1 Amendment Order (No. 1) 2006