Civil Aviation Order 82.1 Amendment Order (No. 2) 2007

Overview

The Civil Aviation Order 82.1 Amendment Order (No. 2) 2007 was enacted to address the need for more comprehensive data on the activities of the aviation industry in Australia. This was introduced to better enable the Civil Aviation Safety Authority (CASA) to assess risks and direct safety oversight activities. The Civil Aviation Act 1988, enacted by the Australian Parliament, serves as the foundational legislation for this regulatory framework. The primary policy objective of the Amendment Order is to enhance CASA’s ability to prioritise and oversee activities such as surveillance, make more accurate risk assessments within the aviation industry, and provide more targeted safety support to industry participants. This is achieved by introducing an Air Operator’s Certificate Holder’s Safety Questionnaire (AHSQ) to replace the existing Organisation Annual Return, thus clarifying the responsibilities of AOC holders without imposing new regulatory requirements.

Scope and Application

The Civil Aviation Order 82.1 Amendment Order (No. 2) 2007 applies to holders of Air Operator’s Certificates (AOC) that authorise charter operations and aerial work operations under the Civil Aviation Act 1988. This legislation mandates that these AOC holders complete an Air Operator’s Safety Questionnaire (AHSQ) to provide the Civil Aviation Safety Authority (CASA) with detailed information about their operations, including aircraft hours, landings, types of operations, and maintenance responsibilities. This requirement is designed to assist CASA in better assessing risks, directing safety oversight activities, and offering targeted safety support to the aviation industry. The Amendment Order extends the application of the Act by specifying the use of the AHSQ to replace the Organisation Annual Return, clarifying rather than imposing new regulatory requirements. The geographic reach of this legislation is national, as CASA oversees aviation safety across Australia. The Amendment Order is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.

Key Provisions

The Amendment Order (No. 2) 2007 to the Civil Aviation Order 82.1 (CAO 82.1) under the Civil Aviation Act 1988 (the Act) introduces new requirements for Air Operator’s Certificates (AOCs) related to charter operations and aerial work operations. Specifically, subsection 7 of CAO 82.1 is amended to require AOC holders to complete an AOC Holder’s Safety Questionnaire (AHSQ) (subsection 7(1)). This questionnaire replaces the previous Organisation Annual Return and is intended to provide the Civil Aviation Safety Authority (CASA) with more detailed information about the operations of air carriers. This information is crucial for CASA to effectively prioritise and manage safety oversight activities, assess risks within the aviation industry, and provide targeted safety support. Under this Amendment Order, AOC holders are obligated to provide detailed information regarding their operations, including aircraft hours, the number of landings, types and extent of operations, passenger carrying activities, details about aircrew and key organisational personnel, maintenance responsibilities, base of operations, operating environment, and flight rules (subsection 7(2)). This comprehensive data collection aims to enhance CASA’s ability to make informed judgments about risks and to direct safety oversight activities more effectively. The information gathered through the AHSQ will be used to inform decisions about surveillance, risk assessment, and the provision of safety support. Failure to comply with the requirements of the AHSQ may result in consequences under the Act. While specific penalties for non-compliance are not detailed in the Amendment Order, general provisions within the Act allow for penalties, including fines and potential revocation of AOCs, for non-compliance with safety regulations and reporting requirements. Additionally, as a legislative instrument, the Amendment Order is subject to disallowance in the Parliament under the Legislative Instruments Act 2003, which provides a mechanism for parliamentary review and potential rejection of the Order. The Amendment Order, being a legislative instrument, must be tabled and is subject to disallowance under the Legislative Instruments Act 2003. It was made by the Director of Aviation Safety on behalf of CASA, in accordance with the provisions of the Civil Aviation Act 1988. The Office of Best Practice Regulation determined that a Regulation Impact Statement was not required as the amendment was assessed to have a low impact on business compliance costs. The Amendment Order came into effect on the day after its registration, ensuring that the new requirements for AOC holders are promptly implemented.