EXPLANATORY STATEMENT
CIVIL AVIATION ORDERS
MAKING OF PART 52, SECTION 52.1 —
DIRECTIONS UNDER REGULATION 99AA OF CAR 1988
ABOUT THE USE OF CLASS A AIRSPACE
Subregulation 99AA (5) of the Civil Aviation Regulations 1988 (the Regulations) provides that CASA may give directions or instructions about the use of a class of airspace.
Civil Aviation (Amendment) Order (No.16) 2001, made on 25 October 2001 under subregulation 99AA (5) of the Regulations, inserted a new Part 52 in the Civil Aviation Orders (CAOs). It set out CASA’s directions about the use of so much of Class A airspace that coincides with that part of RVSM airspace that, under international agreement, is controlled by Australia (i.e. Australia’s domestic airspace and all oceanic airspace administered by Australia).
As a disallowable instrument, the Order was required to be gazetted and tabled in both Houses of Parliament. The Order was forwarded for tabling in the House of Representatives and the Senate on 25 October 2001.
On 25 October 2001 a request was sent to the Gazette Office requesting that notification of the making of the Order be published in the Commonwealth of Australia Gazette on 31 October 2001. As usual the form of notice to be published was attached to the request.
Although receipt of the request was acknowledged by the Gazette Office, a routine check this month revealed that the notice was not published as requested in the Gazette of 31 October 2001. The new Part 52 was to come into effect on 1 November 2001.
As a result of the failure to publish, Part 52 did not come into effect on 1 November 2001 as intended. It is therefore necessary to remake Part 52 as it is not possible to simply regazette the making of the original Part 52.
The new draft order will remake Part 52 in identical terms, except for an altered date in the definition of AIP, and will come into effect on the date of gazettal.
The Office of Regulation Review has previously advised that a Regulation Impact Statement is not required as the amendments are of a machinery nature and do not substantially alter existing arrangements.
This Order comes into effect on gazettal and has been made by the Director of Aviation Safety on behalf of CASA in accordance with subsection 84A (2) of the Civil Aviation Act 1988.
Overview
The Civil Aviation (Amendment) Order (No. 16) 2001, enacted to address an oversight in the publication of Part 52 of the Civil Aviation Orders, was introduced to rectify an administrative error that prevented the intended commencement of new regulations concerning the use of Class A airspace. This Order was necessitated by the failure to publish the original Part 52 in the Commonwealth of Australia Gazette, despite being tabled in both Houses of Parliament on 25 October 2001. The oversight meant that Part 52, which was meant to come into effect on 1 November 2001, did not take effect as planned. Therefore, a remake of Part 52 was required, with the new draft order coming into effect on the date of gazettal. This Order was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) under subsection 84A(2) of the Civil Aviation Act 1988. The Office of Regulation Review confirmed that a Regulation Impact Statement was not necessary as the amendments were procedural and did not significantly alter existing arrangements.
Scope and Application
The Civil Aviation (Amendment) Order (No. 16) 2001 applies to the Civil Aviation Safety Authority (CASA), which is responsible for regulating the use of Class A airspace in Australia. This airspace includes both domestic areas and all oceanic airspace administered by Australia, aligning with international agreements. The Order was intended to come into effect on 1 November 2001, but due to a failure to publish the notice of its making in the Commonwealth of Australia Gazette, it did not take effect as intended. Consequently, a new draft order has been prepared to remake Part 52, which includes identical terms except for a revised date in the definition of AIP, and will be effective upon gazettal. This amendment does not require a Regulation Impact Statement as it is considered to be of a machinery nature and does not significantly alter existing regulatory arrangements. The Order is made by the Director of Aviation Safety on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation (Amendment) Order (No. 16) 2001, specifically Part 52, Section 52.1, addresses the making of directions under Regulation 99AA of the Civil Aviation Regulations 1988 (CAR 1988) regarding the use of Class A airspace. Regulation 99AA(5) empowers the Civil Aviation Safety Authority (CASA) to issue directions or instructions on the use of Class A airspace, and the Order elaborates on these provisions (Civil Aviation (Amendment) Order (No. 16) 2001). This Order, which was made on 25 October 2001, introduces new rules that govern the use of Class A airspace within Australia’s domestic airspace and all oceanic airspace administered by Australia, areas that are part of Reduced Vertical Separation Minimum (RVSM) airspace under international agreement (Civil Aviation (Amendment) Order (No. 16) 2001).
The Order imposes specific obligations on CASA to ensure that the directions and instructions provided under Regulation 99AA are clear, enforceable, and in compliance with international aviation standards and agreements. This includes ensuring that the directions are adequately communicated to all relevant parties, including airlines, pilots, and other aviation stakeholders, to maintain safety and efficiency in the use of Class A airspace (Civil Aviation (Amendment) Order (No. 16) 2001). Additionally, CASA must ensure that the new rules are documented in the Aeronautical Information Publication (AIP), which is a crucial reference for all aviation personnel.
There are no specific offences, penalties, or civil/criminal consequences mentioned for breaches of the provisions within this Order itself. However, any breaches of the directions or instructions provided under Regulation 99AA could potentially lead to enforcement actions under the Civil Aviation Act 1988, including fines and other sanctions as prescribed in the Regulations. The maximum penalties for such breaches would depend on the specific nature and severity of the infraction as outlined in the Civil Aviation Regulations 1988 (Civil Aviation (Amendment) Order (No. 16) 2001). The importance of adhering to these directions cannot be overstated, as they are critical for maintaining the safety and integrity of the Australian airspace system.