Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 82.3 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 82.3 contains conditions on those AOCs that authorise regular public transport operations in other than high capacity aircraft.
Purpose
The purpose of Civil Aviation Order 82.3 Amendment Order (No. 1) 2010 (the CAO 82.3 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 82.3 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 82.3 amendment because a preliminary assessment of the business compliance costs indicates that the CAO 82.3 amendment will have only a nil to low impact on business.
Commencement and making
The CAO 82.3 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 subsection73 (2) of the Act.
[Civil Aviation Order 82.3 Amendment Order (No. 1) 2010]
Overview
The Civil Aviation Order 82.3 Amendment Order (No. 1) 2010 (CAO 82.3 amendment) was enacted to address a specific gap in the existing legislative framework concerning the safety regulation of leased foreign aircraft operating in Australia. The Civil Aviation Act 1988 (Act) mandates that applicants for an Air Operators’ Certificate (AOC) must provide detailed information about the aircraft’s operational and maintenance control, including signed statements from responsible persons. However, the Act did not previously require applicants to disclose the terms of the aircraft lease, a critical factor in ensuring the safe operation and airworthiness of the aircraft. The CAO 82.3 amendment was introduced to ensure that the Civil Aviation Safety Authority (CASA) can review and assess lease terms, thereby safeguarding against any clauses that might adversely affect the aircraft’s safety. This amendment was enacted by the Director of Aviation Safety on behalf of CASA and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act.
Scope and Application
The Civil Aviation Order 82.3 Amendment Order (No. 1) 2010 pertains to the scope and application of the Civil Aviation Act 1988 in relation to the issuance and conditions of Air Operators’ Certificates (AOCs) for aircraft engaged in regular public transport operations. This Act applies to both Australian and foreign aircraft operators seeking an AOC, requiring them to provide specific details regarding the aircraft's lease terms, operational control, and maintenance. This includes furnishing CASA with the names and addresses of persons responsible for the aircraft's operational, airworthiness, and maintenance control, as well as signed statements acknowledging their regulatory responsibilities. Additionally, for foreign-registered aircraft, a description of the lease terms must be submitted. The Act's jurisdiction spans nationally, ensuring uniform safety regulations across all states and territories. Notably, the Act distinguishes between Australian and foreign-registered aircraft, imposing stricter documentation requirements on the latter. The CAO 82.3 amendment extends its application through subordinate instruments, which are subject to parliamentary scrutiny under the Legislative Instruments Act. This amendment does not introduce new obligations but ensures consistent application of existing requirements, aiming to maintain the safety and airworthiness of leased aircraft in public transport.
Key Provisions
The key provisions of the Civil Aviation Order 82.3 Amendment Order (No. 1) 2010 pertain to the issuance and conditions of Air Operators’ Certificates (AOCs) for aircraft engaged in regular public transport operations. Under section 27 of the Civil Aviation Act 1988 (the Act), the Civil Aviation Safety Authority (CASA) has the authority to issue AOCs to ensure safety regulation. Specifically, section 27AC requires applicants to provide CASA with information or documents that are reasonably needed to properly consider the application, particularly in relation to foreign registered aircraft. In such cases, under section 28A(1)(g) of the Act, applicants must submit the names and addresses of persons responsible for operational and airworthiness and maintenance control, along with signed statements confirming their understanding of their responsibilities. Furthermore, under section 28A(1)(h) of the Act, a description of the terms of a lease for the foreign aircraft must be provided. CASA is mandated by section 28 of the Act to issue an AOC only if it is satisfied that the applicant can comply with the safety legislation and that the organisation meets the specified standards. The AOC’s effect is governed by any conditions specified in the regulations or Civil Aviation Orders (CAOs), as outlined in section 28BA(1)(b) of the Act.
The CAO 82.3 Amendment Order imposes certain obligations on the parties it governs. It ensures that CASA can review the details of an aircraft lease to assess its terms in relation to operational control and maintenance, and to confirm that the aircraft meets airworthiness requirements. This requirement is particularly pertinent for foreign registered aircraft, where applicants must provide comprehensive information about the lease terms and the persons responsible for the aircraft's operation and maintenance. The purpose of these provisions is to allow CASA to verify that there are no clauses in the lease that might compromise the safe operation of the aircraft. This requirement aligns with existing provisions in the Act, ensuring consistency in the application of information requirements.
Breaches of the conditions specified in the CAO 82.3 Amendment Order could result in significant consequences. CASA has the authority to impose penalties for non-compliance with the conditions of an AOC. Under section 28BA(1)(b) of the Act, an AOC is subject to any conditions specified in the regulations or CAOs, and failure to comply with these conditions can lead to the revocation or suspension of the AOC. This, in turn, could result in the cessation of the aircraft's operations. Additionally, section 27AC of the Act stipulates that failure to provide the necessary information or documents can also lead to the refusal of an AOC application. The penalties for non-compliance can include fines and other sanctions, as determined by CASA, ensuring that all aircraft operators adhere to the safety and operational standards set forth in the Act and its associated orders.