Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 82.3 Amendment Order (No. 1) 2008
Legislation
Under subsection 28BA (1) of the Civil Aviation Act 1988 (the Act), an Air Operator’s Certificate (AOC) has effect subject to any conditions specified in the regulations and in the Civil Aviation Orders (CAOs).
Part 82 of the CAOs specifies conditions on AOCs. Civil Aviation Order 82.3 (CAO 82.3) contains conditions on those AOCs that authorise regular public transport (RPT) operations in other than higher capacity aircraft.
Background
Civil Aviation Order 101.4 (CAO 101.4) allowed for the issue of certificates of airworthiness in the transport category for aircraft with a maximum take-off weight of more than 3 500 kg and type certificated in the normal category contrary to the requirements of Part 21 of the Civil Aviation Safety Regulations 1998. To correct this anomaly, CAO 101.4 was repealed. The repeal meant that an aircraft with maximum take-off weight exceeding 3 500 kg and type certificated in the normal category is not able to operate in RPT operations under the provisions of CAO 82.3. The Order has been amended to ensure such aircraft are able to operate.
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 Order is a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has been undertaken through the Standards Consultative Committee. The comments and suggestions have been taken into account in the amendment to the Order.
Regulation Impact Statement
The Office of Best Practice Regulation does not require a Regulation Impact Statement because a preliminary assessment of the Business Compliance Costs indicates that the amendment will have only a low impact on business.
The Amendment Order has been made by the Director of Aviation Safety in accordance with subsection 84A (2) of the Act.
The Amendment Order came into effect on the day after it was registered.
[Civil Aviation Order 82.3 Amendment Order (No. 1) 2008]