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
Overview
The Civil Aviation Order 43.1 Amendment Order (No. 1) 2006 was enacted to address discrepancies in aircraft endorsements required for flight engineers in comparison to those for pilots. This legislative instrument was introduced to bring consistency in the licensing requirements for flight engineers, aligning them more closely with those for pilots, and to accommodate new aircraft types entering the Australian Civil Aircraft Register. The objective of this amendment is to ensure that all flight crew members, regardless of their role, meet the necessary safety standards and operational requirements as stipulated in the Civil Aviation Regulations 1988. The Order was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988, and it is subject to tabling and disallowance in the Parliament as per the Legislative Instruments Act 2003.
This amendment represents a minor adjustment to existing regulations and was not subject to formal consultation or a Regulation Impact Statement due to its nature. The changes implemented by this Order are aimed at maintaining high safety standards in air navigation and ensuring that all personnel involved in flight operations are adequately endorsed and qualified for their respective roles. The Civil Aviation Order 43.1 Amendment Order (No. 1) 2006 effectively corrects a typographical error previously identified and ensures the regulatory framework remains current and effective in the evolving landscape of civil aviation.
Scope and Application
The Civil Aviation Order 43.1 Amendment Order (No. 1) 2006 amends Civil Aviation Order 43.1, which pertains to aircraft endorsements required for flight engineers, aligning these requirements with those already in place for pilots. This Act applies to flight engineers holding licences under the Civil Aviation Act 1988, and to any aircraft endorsements issued to them. The amendments ensure that the regulatory framework governing aircraft endorsements for flight engineers is consistent with that for pilots, thereby maintaining safety standards across the aviation industry. The Amendment Order also introduces new aircraft endorsements to accommodate new aircraft types entering the Australian Civil Aircraft Register. The amendments are made under the authority of section 98 of the Civil Aviation Act 1988 and are subject to the provisions of the Legislative Instruments Act 2003, making them disallowable instruments. This instrument is applicable nationally and is intended to maintain and enhance the safety of air navigation throughout Australia.
Key Provisions
The Civil Aviation Order 43.1 Amendment Order (No. 1) 2006 introduces significant changes to the regulatory framework governing aircraft endorsements for flight engineers. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations aimed at enhancing the safety of air navigation. Regulation 5.22 of the Civil Aviation Regulations 1988 empowers the Civil Aviation Safety Authority (CASA) to issue directions in Civil Aviation Orders (CAOs) that specify the endorsements required for flight crew licences, special pilot licences, and certificates of validation. This Amendment Order aligns the aircraft endorsements for flight engineers with those required for pilots, ensuring consistency and clarity in the regulatory requirements. It also introduces new aircraft endorsements to accommodate new aircraft entering the Australian Civil Aircraft Register and corrects a previously identified typographical error.
Under the Civil Aviation Order 43.1 Amendment Order (No. 1) 2006, flight engineers must now hold specific endorsements similar to those required by pilots to operate certain types or classes of aircraft or aircraft with special design features. These endorsements ensure that flight engineers are adequately trained and qualified to perform their duties in various operational contexts. The Amendment Order mandates that CASA must issue these endorsements according to the specified requirements set out in subregulation 5.23(1) of the Civil Aviation Regulations 1988. This structured approach aims to maintain high safety standards in civil aviation operations.
The Amendment Order is also subject to the Legislative Instruments Act 2003, which classifies it as a disallowable instrument. As such, it must be tabled and can be subject to disallowance in Parliament under sections 38 and 42 of the LIA. However, because the amendments are of a minor or machinery nature, consultation under section 17 of the LIA and a Regulation Impact Statement from the Office of Regulation Review were not required. The Amendment Order comes into effect on the day following its registration and was made by the Director of Aviation Safety on behalf of CASA in accordance with subsection 84A(2) of the Act.
Failure to comply with the requirements set out in the Civil Aviation Order 43.1 Amendment Order (No. 1) 2006 could lead to significant legal consequences. Pilots and flight engineers who do not possess the mandated aircraft endorsements may be deemed non-compliant with the regulatory standards. This non-compliance could potentially result in penalties, fines, or other enforcement actions by CASA. The precise penalties for breaches are not explicitly stated in the explanatory statement but would typically align with the broader civil aviation regulatory framework, which includes both administrative and criminal sanctions for serious violations.