Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 82.3 Amendment Order (No. 1) 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 82.3 contains conditions on those AOCs that authorise regular public transport (RPT) operations in other than high capacity aircraft.
Under paragraph 3.2 of CAO 82.3, each relevant RPT operator who is required to provide a TCO must do so in accordance with Appendix 2 of the 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 However, the standards in FSD-1 were superseded by those contained in Manual of Standards (MOS) — Part 60 Synthetic Training Devices, made under Part 60 of the Civil Aviation Safety Regulations 1998 (CASR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 The reference to FSD-1 is, therefore, out-of-date.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 Amendment deletes the reference to FSD-1 and substitutes a reference to the MOS. The name of FSD2 is also corrected.
Legislative Instruments Act
Under subsection 98 (4A) of the Act, CAOs made for 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 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 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 82.3 Amendment Order (No. 1) 2006]
Overview
The Civil Aviation Order 82.3 Amendment Order (No. 1) 2006 was introduced to amend the Civil Aviation Order 82.3, which specifies conditions on Air Operators' Certificates (AOCs) that authorise regular public transport (RPT) operations in other than high capacity aircraft. This amendment was necessary to correct outdated references within the original order, particularly concerning standards for flight simulators and synthetic trainers used for training and testing purposes by training and checking organisations (TCOs). The Civil Aviation Order 82.3 Amendment Order (No. 1) 2006 updates these references to align with the current Manual of Standards (MOS) and corrects a typographical error in the name of the relevant CASA publication. This amendment was made by the Director of Aviation Safety, on behalf of the Civil Aviation Safety Authority (CASA), under the authority granted by the Civil Aviation Act 1988. The purpose of this amendment is to ensure regulatory consistency and accuracy, thereby maintaining high safety standards in the operation of aircraft.
Scope and Application
The Civil Aviation Order 82.3 Amendment Order (No. 1) 2006 amends the Civil Aviation Order 82.3 to update references in the order to reflect current regulatory standards. This amendment applies to operators of aircraft with a maximum take-off weight exceeding 5,700 kilograms who are engaged in regular public transport operations using other than high-capacity aircraft. These operators are required to ensure that their crew members' competency is maintained through approved training and checking organisations (TCOs). The amendment also applies to TCOs that provide competency checks for these operators, as well as to the Civil Aviation Safety Authority (CASA) which must approve both the TCOs and the training equipment used, such as flight simulators and synthetic trainers. CASA, in turn, must ensure these devices comply with standards set out in the Manual of Standards (MOS) Part 60. The amendment is applicable nationally, aligning with the broader scope of the Civil Aviation Act 1988, and is effective from the day after its registration. Given that it corrects out-of-date references and is of a minor nature, it is subject to the Legislative Instruments Act 2003 as a disallowable instrument but does not require additional consultation.
Key Provisions
The primary operative sections of the Civil Aviation Order 82.3 Amendment Order (No. 1) 2006 address the updating of references within the Civil Aviation Order 82.3 (CAO 82.3) to ensure compliance with the latest regulatory standards. Specifically, section 3.3 of the CAO 82.3 is amended to replace outdated references to FSD-1 Operational Standards and Requirements — Approved Flight Simulators (FSD-1) with references to the Manual of Standards (MOS) — Part 60 Synthetic Training Devices. Similarly, section 3.4 is amended to correct the name of FSD-2 Operational Standards and Requirements — Approved Synthetic Trainers (FSD2) to align with current terminology. These amendments aim to ensure that all references within the CAO 82.3 are accurate and reflect the most recent standards established by the Civil Aviation Safety Authority (CASA).
The obligations imposed by the Civil Aviation Order 82.3 Amendment Order (No. 1) 2006 primarily concern the operators of aircraft engaged in regular public transport (RPT) operations. These operators are required to ensure that their training and checking organisations (TCOs) comply with the updated standards set out in the MOS. This includes using flight simulators and synthetic trainers that meet the specifications outlined in the MOS and are maintained in accordance with CASA's prescribed procedures. The operators must also ensure that CASA approves any use of flight simulators or synthetic trainers for TCO training and testing purposes. Failure to comply with these obligations could result in non-compliance with the conditions of their Air Operators’ Certificates (AOCs).
The Civil Aviation Order 82.3 Amendment Order (No. 1) 2006 does not introduce new offences or penalties; rather, it ensures that existing regulatory requirements are accurately reflected in the CAO 82.3. However, operators who fail to meet the updated standards could face consequences related to the conditions of their AOCs. If an operator does not ensure that their TCO complies with the latest standards, CASA may take action against their AOC, which could include imposing conditions, suspending, or revoking the AOC. Such actions could significantly impact the operator's ability to conduct RPT operations. While specific penalties are not detailed in the Amendment Order itself, the consequences of non-compliance with AOC conditions can be severe, potentially including financial penalties, operational restrictions, or the cessation of RPT operations.
In accordance with the Legislative Instruments Act 2003 (LIA), the Civil Aviation Order 82.3 Amendment Order (No. 1) 2006 is classified as a legislative instrument because it is a disallowable instrument made under the Civil Aviation Act 1988. This means that the Amendment is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. However, consultation under section 17 of the LIA was not undertaken because the amendments are considered minor and are intended to correct outdated references. The instrument was made by the Director of Aviation Safety, on behalf of CASA, in accordance with the authority granted under subsection 84A(2) of the Act. The Amendment comes into effect on the day after it is registered.