Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 82.1 Amendment Order (No. 1) 2010
Legislation
Under section 27 of the Civil Aviation Act 1988 (the Act), CASA may issue Air Operators’ Certificates (AOCs) with respect to aircraft, for the purpose of safety regulation.
Under section 27AC of the Act, applicants for an AOC must, in particular circumstances, provide CASA with information in writing, or documents, that are reasonably required by CASA to properly consider the application.
In relation to a foreign registered aircraft, under paragraph 28A (1) (g) of the Act, an applicant for an AOC must give CASA the names and addresses of the persons responsible for operational and airworthiness and maintenance control of the aircraft as well as signed statements from each of those persons that they understand their responsibilities under the regulations. Under paragraph 28A (1) (h) of the Act, an applicant must give CASA a description of the terms of a lease of a foreign aircraft. There are no such requirements for an Australian registered aircraft.
Under section 28 of the Act, CASA must issue the AOC if, and only if, satisfied that the applicant can comply with the requirements of Australian civil aviation safety legislation and that the applicant’s organisation meets the standards mentioned.
Under paragraph 28BA (1) (b) of the Act, an AOC has effect subject to any conditions specified in the regulations or the Civil Aviation Orders (the CAOs).
CAO 82.1 contains conditions on those AOCs that authorise charter operations or aerial work operations.
Purpose
The purpose of Civil Aviation Order 82.1 Amendment Order (No. 1) 2010 (the CAO 82.1 amendment) is to ensure that CASA is able to review details of an aircraft lease to enable CASA to assess the terms of the lease in relation to operational control of the aircraft and maintenance of the aircraft, and to ensure that the aircraft meets airworthiness requirements.
To do so allows CASA to satisfy itself in relation to all leased aircraft that there are no limitations or clauses in the lease that might impact upon the safe operation of the aircraft.
The new provision is consistent in principle with provisions already in the Act and ensures that requirements to provide information are applied consistently.
Legislative Instruments Act (the LIA)
Paragraph 28BA (1) (b) of the Act provides that an AOC has effect subject to any conditions “specified in the regulations or Civil Aviation Orders”.
Subsection 98 (4A) of the Act provides that CASA may issue CAOs with respect to any matter “in relation to which regulations may be made for the purposes of section . . . 28BA”.
Under subsection 98 (4B) of the Act, a CAO issued under subsection 98 (4A) is stated to be a legislative instrument and is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
The CAO 82.1 amendment is made under both paragraph 28BA (1) (b) of the Act and subsection 98 (4A) of the Act and is a legislative instrument.
Consultation
A posting was made by CASA in the Standards Consultative Committee (SCC) and SCC Operational Standards Subcommittee web forums seeking comments about the proposal. The project was also posted on CASA’s web page seeking comment. No comments were received.
Regulation Impact Statement (RIS)
The amendment will not increase costs for, or impose any additional requirements on, aircraft operators. The Office of Best Practice Regulation does not require a RIS for the CAO 82.1 amendment because a preliminary assessment of the business compliance costs indicates that the CAO 82.1 amendment will have only a nil to low impact on business.
Commencement and making
The CAO 82.1 amendment takes effect on the day after it is registered. It has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Civil Aviation Order 82.1 Amendment Order (No. 1) 2010]
Overview
The Civil Aviation Order 82.1 Amendment Order (No. 1) 2010 was enacted to address a specific gap in the existing regulatory framework under the Civil Aviation Act 1988, particularly concerning the oversight of leased aircraft. This amendment was introduced to ensure that the Civil Aviation Safety Authority (CASA) could adequately review and assess the terms of leases of aircraft to maintain compliance with airworthiness and safety standards. The Civil Aviation Order 82.1 Amendment Order (No. 1) 2010 seeks to bridge this gap by aligning the requirements for foreign registered aircraft with those for Australian registered aircraft, ensuring consistent application of safety and operational standards. This amendment was made by the Director of Aviation Safety, on behalf of CASA, and is a legislative instrument subject to the Legislative Instruments Act. The amendment was not subject to a Regulation Impact Statement as it was assessed to have a nil to low impact on business compliance costs.
Scope and Application
The Civil Aviation Order 82.1 Amendment Order (No. 1) 2010 applies to persons and entities seeking Air Operators' Certificates (AOCs) for foreign registered aircraft engaged in charter operations or aerial work operations. This amendment specifically targets the need for applicants to provide detailed information about the aircraft's lease terms and the individuals responsible for its operational and maintenance control. These requirements do not apply to Australian registered aircraft. The amendment ensures consistency in the application of safety regulations by mandating that CASA, the Civil Aviation Safety Authority, review lease details to confirm that no lease terms could potentially impact the safe operation of the aircraft. This applies across the Commonwealth and is subject to the conditions specified in the Civil Aviation Orders, which are legislative instruments subject to tabling and disallowance in the Parliament. The amendment does not impose additional costs or requirements on aircraft operators, as assessed by the Office of Best Practice Regulation, and it aligns with existing provisions in the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Order 82.1 Amendment Order (No. 1) 2010 (CAO 82.1 amendment) introduces specific requirements for applicants seeking an Air Operators’ Certificate (AOC) in relation to foreign registered aircraft, specifically targeting charter operations or aerial work operations. Under section 27 of the Civil Aviation Act 1988 (the Act), the Civil Aviation Safety Authority (CASA) is empowered to issue AOCs with respect to aircraft, focusing on safety regulation. Section 27AC mandates that applicants for an AOC must provide CASA with necessary information and documents to properly consider the application. When it comes to foreign registered aircraft, paragraph 28A(1)(g) of the Act requires applicants to furnish CASA with the names and addresses of individuals responsible for operational and airworthiness and maintenance control of the aircraft, along with signed statements from these individuals affirming their understanding of their responsibilities under the regulations. Additionally, under paragraph 28A(1)(h) of the Act, applicants must describe the terms of any lease of a foreign aircraft, a requirement not applicable to Australian registered aircraft.
The CAO 82.1 amendment imposes specific obligations on applicants and operators. For foreign registered aircraft, applicants must ensure that all necessary documentation regarding operational control, airworthiness, and maintenance is provided to CASA. This includes the names and addresses of individuals responsible for these aspects, along with signed statements affirming their understanding of their regulatory responsibilities. Furthermore, detailed descriptions of any leases pertaining to the aircraft must be submitted. Failure to comply with these requirements can result in CASA denying the AOC application, thereby preventing the aircraft from legally operating under charter or aerial work operations. The CAO 82.1 amendment ensures that CASA can effectively review and assess the operational control and maintenance arrangements of leased aircraft, thereby maintaining high safety standards in civil aviation.
In terms of consequences for non-compliance, the Act does not explicitly state penalties for failing to provide the required information or documents for AOC applications. However, the denial of an AOC can have significant operational and legal implications for the applicant. If CASA is not satisfied that the applicant can comply with Australian civil aviation safety legislation or that the applicant’s organisation meets the required standards, the AOC will not be issued, effectively grounding the aircraft in question. Additionally, ongoing non-compliance could lead to further regulatory action, including potential revocation of existing AOCs or other enforcement measures under the Act. It is essential for applicants to adhere strictly to the provisions of the CAO 82.1 amendment to avoid these adverse outcomes and to ensure the continued safe operation of their aircraft.