CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDER 82.0 AMENDMENT ORDER (NO. 2) 2005
Civil Aviation Order 82.0 has been made under paragraph 28BA (1) (b) of the Civil Aviation Act 1988 (the Act) which provides that an Air Operator’s Certificate (AOC) has effect subject to conditions specified in the regulations or Civil Aviation Orders.
Paragraph 4.4 of Civil Aviation Order 82.0 provides that an AOC is subject to the condition that the certificate holder continues to satisfy CASA in relation to the matters mentioned in section 28 of the Act.
Paragraph 4.4 of 82.0
The Civil Aviation Amendment Act 2005 (the amendment Act) commenced on 6 July 2005. The amendment Act inserts a new section 28BAA in the Act to provide that an AOC has effect subject to the condition that CASA remains satisfied, as mentioned in paragraphs 28 (1) (a) and (b) of the Act, in relation to the operations that are covered by the AOC.
As a consequence, the amendment Order omits paragraph 4.4 of Civil Aviation Order 82.0 to remove duplication of the provision.
Appendix 1, clauses 1 and 5
The Senate Standing Committee on Regulations and Ordinances has drawn attention to inconsistencies between Appendix 1 to Civil Aviation Order 82.0 and Appendix 2 to Civil Aviation Order 82.7. The amendment Order sets out the approval and responsibilities of Chief Pilots in a more uniform manner, by amalgamating clauses 1 and 5 of Appendix 1 to Civil Aviation Order 82.0. The opportunity has been taken to improve the drafting of the provision.
Appendix 2, paragraph 2.9 (b)
Paragraph 2.9 (b) of Appendix 2 is amended to correct a typographical error. The reference, which currently reads in accordance with ICAO Annex 6 Part 1 Paragraph 3.3, is amended to read in accordance with ICAO Annex 6 Part 1 subparagraph 3.1.3.
Legislative Instruments Act
Under subsection 98 (4A) of the Act, Civil Aviation Orders 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 under section 17 of the LIA has not been undertaken in this case because the amendment only contains a technical amendment and is of a minor or machinery nature. 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 amendment 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. 2) 2005]
Overview
The Civil Aviation Amendment Act 2005 introduced the Civil Aviation Order 82.0 Amendment Order (No. 2) 2005 to address inconsistencies and technical errors within existing Civil Aviation Orders related to Air Operator’s Certificates (AOC). This amendment was enacted to streamline and correct the regulatory framework governing AOCs under the Civil Aviation Act 1988. The Civil Aviation Order 82.0 Amendment Order (No. 2) 2005 was created under the authority of the Civil Aviation Act 1988 and was implemented by the Civil Aviation Safety Authority (CASA). It aims to enhance the clarity and uniformity of the conditions under which AOCs operate by removing redundant provisions and correcting typographical errors. The amendment also aligns the responsibilities of Chief Pilots more consistently across different orders. This legislative action was designed to ensure that the regulatory environment remains robust and compliant with international standards, while also facilitating smoother administrative processes for AOC holders.
Scope and Application
The Civil Aviation Amendment Act 2005 introduces specific conditions that apply to Air Operator’s Certificates (AOC) under the Civil Aviation Act 1988. This legislation pertains to entities and individuals who hold an AOC, ensuring that these certificates are issued and maintained subject to certain regulatory standards set by the Civil Aviation Safety Authority (CASA). The Act applies across Australia, reflecting its national jurisdiction and the overarching importance of civil aviation safety. The amendment modifies existing provisions within Civil Aviation Order 82.0, which itself is a subordinate instrument made under the Act, by removing redundant conditions and correcting typographical errors to ensure regulatory coherence and clarity. The changes are technical in nature and do not alter the fundamental scope or application of the AOC conditions but rather refine the regulatory framework for better alignment with international standards and improved operational clarity. The amendment Order is subject to disallowance under the Legislative Instruments Act 2003, although no formal consultation was required due to its minor and technical nature.
Key Provisions
The Civil Aviation Order 82.0 Amendment Order (No. 2) 2005 primarily serves to refine the conditions under which an Air Operator’s Certificate (AOC) is issued and maintained (section 28BA(1)(b) of the Civil Aviation Act 1988). The amendment Order, effective from 6 July 2005, introduces a new section 28BAA in the Act, which stipulates that an AOC is contingent upon the Civil Aviation Safety Authority (CASA) remaining satisfied with the certificate holder’s operations (section 28(1)(a) and (b) of the Act). This change addresses the requirement for the certificate holder to continue meeting the standards set forth in section 28 of the Act, ensuring the safety and compliance of the operations covered by the AOC.
Entities holding an AOC must adhere to the conditions outlined in the Civil Aviation Order to maintain their operational validity. The amendment Order removes the previous duplication in paragraph 4.4 of Civil Aviation Order 82.0, streamlining the regulatory requirements and ensuring clarity. Additionally, the amendment Order revises the approval and responsibilities of Chief Pilots, as set out in clauses 1 and 5 of Appendix 1 to Civil Aviation Order 82.0. This revision aims to create uniformity in the regulatory framework, ensuring consistent application and interpretation across different AOC holders. Furthermore, the amendment corrects a typographical error in paragraph 2.9(b) of Appendix 2, aligning the reference with ICAO Annex 6 Part 1 subparagraph 3.1.3.
Breaching the conditions specified in the Civil Aviation Order could lead to serious consequences for the entities involved. The Act and the associated regulations impose stringent obligations on AOC holders, including maintaining safety standards and complying with the stipulated conditions. Failure to adhere to these requirements can result in the suspension or revocation of the AOC, potentially leading to the cessation of operations. The severity of penalties can vary, but they may include substantial fines, imprisonment, or both, depending on the nature and extent of the breach. The specific penalties are determined by the courts and are commensurate with the gravity of the offence.
Under the Legislative Instruments Act 2003, the amendment Order is classified as a legislative instrument due to its status as a disallowable instrument under the Civil Aviation Act. This classification mandates that the amendment Order be tabled and subject to disallowance in the Parliament within the prescribed period. While consultation under section 17 of the Legislative Instruments Act has not been required in this instance due to the minor and technical nature of the amendment, the Office of Regulation Review has deemed a Regulation Impact Statement unnecessary. The amendment Order comes into effect on the day following its registration on the Federal Register of Legislative Instruments.