Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 82.1 Amendment Order (No. 3) 2006
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 217 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the operator of an aircraft whose maximum take-off weight exceeds 5 700 kilograms must provide a training and checking organisation (a TCO) to ensure that the members of the aircraft’s operating crew maintain their competency.
Under subregulation 217 (2), the operator must ensure that the TCO provides 2 annual competency checks of each crew member.
Under subregulation 217 (3), the TCO, and its tests and checks, must be approved by CASA.
Under section 27 of the Act, CASA may issue Air Operators’ Certificates (AOCs) with respect to aircraft, for the purpose of safety regulation.
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).
Part 82 of the CAOs specifies conditions on AOCs. CAO 82.1 contains conditions on those AOCs that authorise charter operations or aerial work operations.
Under subparagraph 3.1 (a) of CAO 82.1, each charter operator or aerial work operator who is required to provide a TCO (i.e. who uses an aircraft whose maximum take-off weight exceeds 5 700 kilograms) must do so in accordance with Appendix 2 of that Order.
Under paragraph 3.3 of Appendix 2, each operator may, with the approval of CASA, use flight simulators or synthetic trainers for TCO training and testing purposes. Under paragraph 3.4, the flight simulators and synthetic trainers must be operated and maintained in accordance with procedures and standards prescribed by CASA in its publications entitled FSD-1 Operational Standards and Requirements — Approved Flight Simulators (FSD-1), and FSD-2 Operational Standards and Requirements — Approved Synthetic Trainers (FSD2). However, the standards in FSD-1 were superseded by those contained in Manual of Standards (MOS) — Part 60 Synthetic Training Devices, made under Part 60 of the Civil Aviation Safety Regulations 1998 (CASR 1998). The reference to FSD-1 is, therefore, out-of-date. The CAO Amendment deletes the reference to FSD-1 and substitutes a reference to the MOS. The name FSD2 is also corrected.
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 CAO Amendment 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 amendments are of a minor or machinery nature designed to correct out-of-date references.
The CAO Amendment is consequential on Part 60 of CASR 1998 and the MOS made under it. Part 60 was the subject of Regulation Impact Statement CASA #0301 (the RIS) approved by the Office of Regulation Review. Paragraph 4.19 of the RIS foreshadowed this consequential Amendment and no further RIS is required.
The instrument comes into effect on the day after it is registered.
The instrument 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 82.1 Amendment Order (No. 3) 2006]
Overview
The Civil Aviation Order 82.1 Amendment Order (No. 3) 2006 amends the Civil Aviation Order 82.1, which specifies conditions on Air Operators' Certificates (AOCs) for charter and aerial work operations under the Civil Aviation Act 1988. This amendment was introduced to address the outdated reference to a superseded document, FSD-1 Operational Standards and Requirements — Approved Flight Simulators, in the existing Order. The purpose of the amendment is to correct this reference to reflect the current standards outlined in the Manual of Standards (MOS) — Part 60 Synthetic Training Devices. The amendment ensures that operators comply with the most recent regulatory standards for the use of flight simulators and synthetic trainers for training and checking purposes. It was enacted by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Order 82.1 Amendment Order (No. 3) 2006 amends the Civil Aviation Order 82.1 to correct outdated references and ensure consistency with current regulatory standards. This amendment applies to charter operators and aerial work operators who use aircraft with a maximum take-off weight exceeding 5,700 kilograms, requiring them to provide training and checking organisations (TCOs) for their operating crew. The amendment corrects the reference to the superseded FSD-1 Operational Standards and Requirements and replaces it with the current Manual of Standards (MOS) – Part 60 Synthetic Training Devices, ensuring that flight simulators and synthetic trainers are operated and maintained according to the latest standards prescribed by the Civil Aviation Safety Authority (CASA). The amendment is consequential to the Civil Aviation Safety Regulations 1998 and does not require a new Regulation Impact Statement. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Order 82.1 Amendment Order (No. 3) 2006 amends the Civil Aviation Order 82.1, which sets conditions for Air Operators’ Certificates (AOCs) that allow charter and aerial work operations. Specifically, the amendment corrects outdated references in the Order. Under subregulation 217(1) of the Civil Aviation Regulations 1988, operators of aircraft weighing over 5,700 kilograms must ensure their crew's competency through a training and checking organisation (TCO). These operators must follow subregulation 217(2), which requires two annual competency checks per crew member, and subregulation 217(3), which mandates that the TCO and its tests are approved by the Civil Aviation Safety Authority (CASA). Section 27 of the Civil Aviation Act 1988 empowers CASA to issue AOCs, subject to conditions outlined in the Civil Aviation Orders. Paragraph 3.1(a) of CAO 82.1 requires charter and aerial work operators to use TCOs approved by CASA, and paragraph 3.3 allows the use of flight simulators or synthetic trainers for TCO training and testing, subject to CASA approval. The amendment replaces the outdated reference to FSD-1 with the current Manual of Standards (MOS) — Part 60 Synthetic Training Devices, ensuring that the standards align with the latest CASA requirements.
The amendment imposes specific obligations on charter and aerial work operators. Firstly, these operators must ensure their TCOs adhere to the conditions specified in Appendix 2 of CAO 82.1. Secondly, they must obtain CASA approval for any flight simulators or synthetic trainers used for training and testing purposes. This approval must be in line with the standards outlined in the MOS — Part 60 Synthetic Training Devices. The amendment also mandates that these devices be operated and maintained according to CASA’s procedures and standards. Operators must ensure that their training and testing procedures meet the criteria set forth in the MOS to maintain compliance with aviation safety regulations.
Breaching the conditions set out in the Civil Aviation Order 82.1 and its amendments can lead to several consequences. While the specific penalties for non-compliance are not detailed in the amendment itself, general provisions within the Civil Aviation Act 1988 may apply. These can include fines, imprisonment, or both, depending on the severity and nature of the breach. For instance, under section 27 of the Act, CASA can suspend or revoke an AOC if an operator fails to comply with the conditions of their certificate. Additionally, CASA can impose administrative penalties, which may include financial penalties or other sanctions, for violations of the Civil Aviation Regulations 1988 or the Civil Aviation Orders. The exact penalties would be determined based on the specific circumstances of the breach and the relevant provisions of the Act and Regulations.
The Civil Aviation Order 82.1 Amendment Order (No. 3) 2006 is a legislative instrument within the meaning of the Legislative Instruments Act 2003. It is subject to the disallowance process, meaning it must be tabled in Parliament and can be subject to disallowance. However, as the amendment is of a minor or machinery nature, designed solely to correct outdated references, consultation under section 17 of the Legislative Instruments Act was not required. The amendment aligns with the changes introduced in Part 60 of the Civil Aviation Safety Regulations 1998 and the subsequent Manual of Standards — Part 60 Synthetic Training Devices. This consequential amendment ensures that the Civil Aviation Orders remain consistent with the latest safety standards and regulatory requirements. The instrument takes effect on the day after its registration, as stipulated by the Civil Aviation Act 1988.