EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION ORDERS
CIVIL AVIATION ORDER 82.0 AMENDMENT ORDER (No. 1) 2005
Under paragraph 28BA (1) (b) of the Civil Aviation Act 1988 (the Act), an Air Operator’s Certificate (AOC) has effect subject to any conditions specified in the regulations or the Civil Aviation Orders (the CAOs).
Part 82 of the CAOs specifies conditions on AOCs. Section 82.0 contains general conditions.
The Order amends section 82.0 to make it a new general condition of a charter or a regular public transport (RPT) AOC that its holder must not enter a charter substitution arrangement without CASA’s written approval of the arrangement.
A charter substitution arrangement is an arrangement between a charter operator and another person. Under it, a passenger, who had contracted with that other person for carriage on a scheduled flight, would be carried instead by the charter operator.
The Order defines a scheduled flight as one advertised to the public, operating to and from fixed terminals and occurring in accordance with fixed schedules.
The new general condition is designed to prevent the use, by operators of scheduled passenger aircraft, of charter aircraft in substitution for the RPT aircraft that would otherwise have made the scheduled flight.
It is also designed to prevent a charter operator from entering into a charter substitution arrangement with any person, whether or not that person holds an AOC, without CASA’s approval.
The purpose of the Order is to ensure that only properly maintained and operated RPT aircraft, and not charter substitution aircraft, are used to carry passengers on RPT flights.
For this reason, it is not a charter substitution arrangement where the charter operator holds an AOC which authorises RPT operations on the proposed route and conducts the flight in accordance with that AOC.
Legislative Instruments Act
Under subsection 98 (4A) of the Act, CAOs made for the purposes of section 28BA of the Act 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 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
The purpose of the amendment is to prevent any diminution in the safety standards for passengers on scheduled flights through the use of substituted charter aircraft which may not have been maintained and operated to the same standards as are required for RPT operations. The proposals in the instrument were agreed to by the Aviation Safety Forum at its meeting on 19 May 2005.
The Order is minor or machinery in nature and will not substantially alter existing arrangements. For these reasons, the Office of Regulation Review does not require a Regulation Impact Statement.
The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
The 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 82.0 Amendment Order (No. 1) 2005]
Overview
The Civil Aviation Orders Civil Aviation Order 82.0 Amendment Order (No. 1) 2005 was enacted to address the problem of charter substitution arrangements, where charter operators substitute their aircraft for scheduled passenger transport aircraft without proper oversight. This Order amends the Civil Aviation Act 1988 by introducing a new condition for charter or regular public transport Air Operator's Certificates (AOC). Specifically, it mandates that charter operators must obtain written approval from the Civil Aviation Safety Authority (CASA) before entering into any charter substitution arrangement. This legislative action aims to maintain the safety standards for passengers on scheduled flights by ensuring that only properly maintained and operated regular public transport aircraft are used, and to prevent charter operators from bypassing these standards through substitution arrangements. The Order was made by the Director of Aviation Safety on behalf of CASA, under the authority of the Civil Aviation Act 1988, and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Order 82.0 Amendment Order (No. 1) 2005, issued under the Civil Aviation Act 1988, applies to the holders of an Air Operator’s Certificate (AOC) involved in charter or regular public transport (RPT) operations. This Order specifically targets charter substitution arrangements, which are agreements between charter operators and other entities that allow passengers to be carried by the charter operator instead of the originally contracted RPT operator. The purpose of this amendment is to mandate that such arrangements must receive written approval from the Civil Aviation Safety Authority (CASA) before they can be implemented. This ensures that only properly maintained and operated RPT aircraft are used for scheduled flights, thereby maintaining safety standards. The Order defines a scheduled flight as one that is advertised to the public, operates to and from fixed terminals, and adheres to fixed schedules. Notably, the Order does not apply to situations where the charter operator holds an AOC that authorises RPT operations on the proposed route and conducts the flight in accordance with that AOC. The Order is subject to disallowance by Parliament and is considered minor or machinery in nature, exempting it from the need for a Regulation Impact Statement. The amendment aims to prevent any reduction in safety standards for passengers on scheduled flights by ensuring that charter substitution arrangements do not compromise the maintenance and operational standards required for RPT operations.
Key Provisions
The main provisions of the Civil Aviation Order 82.0 Amendment Order (No. 1) 2005 are contained within section 82.0, which introduces a new general condition for charter or regular public transport (RPT) Air Operator’s Certificates (AOCs). According to section 82.0(1), the holder of a charter or RPT AOC must not enter into a charter substitution arrangement without the written approval of the Civil Aviation Safety Authority (CASA). This means that if a charter operator intends to carry passengers who have contracted with another entity for carriage on a scheduled flight, they must have prior written approval from CASA to do so. This provision is designed to ensure that the safety and maintenance standards of scheduled flights are not compromised by substituting charter aircraft.
Under this Order, obligations are placed upon charter operators and any other party entering into charter substitution arrangements. Charter operators must ensure that any arrangement to carry passengers under a contract with another entity is approved by CASA before proceeding. This involves providing CASA with all necessary details and documentation regarding the proposed arrangement to allow for a thorough assessment of safety and operational compliance. Additionally, any entity contracting for passenger carriage must also be aware of and comply with the requirements set forth by CASA, ensuring that any substitution arrangements do not undermine the integrity of scheduled flight operations.
Failure to comply with the provisions of this Order can result in significant consequences. While specific penalties are not detailed within the Order, breaches of conditions specified in Civil Aviation Orders can generally lead to enforcement actions by CASA. These actions may include administrative penalties, suspension, or revocation of the AOC. Furthermore, as a disallowable instrument under the Legislative Instruments Act 2003, the Order is subject to disallowance by Parliament, which can render it ineffective if not approved within the stipulated period. The importance of adhering to these conditions is underscored by the potential impact on passenger safety and the regulatory framework governing civil aviation in Australia.