Civil Aviation Order 82.3 Amendment Order (No. 2) 2007

Overview

The Civil Aviation Order 82.3 Amendment Order (No. 2) 2007, enacted to amend the Civil Aviation Order 82.3, addresses the need for the Civil Aviation Safety Authority (CASA) to obtain more comprehensive data on the activities of various sectors within the aviation industry. This data collection is vital for CASA to assess risks more effectively, direct safety oversight activities, and prioritise surveillance. The objective is to enhance the authority's ability to make accurate risk assessments and offer targeted safety support to the industry. The Amendment Order introduces an Air Operator’s Certificate Holder’s Safety Questionnaire (AHSQ) to replace the current Organisation Annual Return, thereby clarifying responsibilities without imposing new regulatory requirements. The amendment was made by the Director of Aviation Safety on behalf of CASA, in accordance with the Civil Aviation Act 1988, and is subject to disallowance under the Legislative Instruments Act 2003. The change was implemented with minimal impact on business, as confirmed by a preliminary assessment of compliance costs.

Scope and Application

The Civil Aviation Order 82.3 Amendment Order (No. 2) 2007 applies to Air Operator Certificate (AOC) holders who conduct regular public transport operations in other than higher capacity aircraft, as specified under Part 82 of the Civil Aviation Orders (CAOs). This includes various sectors of the aviation industry, and the application is intended to provide the Civil Aviation Safety Authority (CASA) with more comprehensive data to better assess risks and to direct safety oversight activities. This order is a legislative instrument made under the Civil Aviation Act 1988, and as such, it is subject to the Legislative Instruments Act 2003, which includes provisions for disallowance in Parliament. The Amendment Order aims to replace the current Organisation Annual Return with an AOC Holder’s Safety Questionnaire (AHSQ) to streamline the information collection process and clarify responsibilities without imposing new regulatory requirements. It came into effect on the day after its registration and has been made by the Director of Aviation Safety on behalf of CASA.

Key Provisions

The Civil Aviation Order 82.3 Amendment Order (No. 2) 2007 (Amendment Order) primarily amends Civil Aviation Order 82.3 (CAO 82.3) by introducing a new subsection 11 (subsection 11). This amendment requires Air Operator's Certificate (AOC) holders that conduct regular public transport operations, excluding those using higher capacity aircraft, to complete an Air Operator’s Certificate Holder’s Safety Questionnaire (AHSQ) to provide specified information to the Civil Aviation Safety Authority (CASA). The information sought includes data on aircraft hours, number of landings, types of operations, passenger activities, maintenance responsibilities, and other operational details. This requirement replaces the previously used Organisation Annual Return. The AOC remains effective under the conditions specified in the Regulations and Civil Aviation Orders (subsection 28BA(1)). The obligations imposed by this Amendment Order require AOC holders to submit accurate and comprehensive information as per the AHSQ. This includes providing detailed operational data to CASA, which will enable better risk assessment, safety oversight, and targeted safety support. AOC holders must ensure that the information provided is current and reflective of their operational activities. Failure to comply with these requirements could result in regulatory action by CASA, including potential enforcement measures or even the suspension or revocation of the AOC. Breaching the requirements outlined in the Amendment Order can result in various consequences. While specific penalties are not detailed in the explanatory statement, breaches of regulatory obligations under the Civil Aviation Act 1988 can lead to enforcement actions by CASA. These actions may include fines, warnings, or other administrative penalties. In severe cases, repeated or significant non-compliance could lead to the suspension or revocation of the AOC, which would effectively halt the air operator's ability to conduct regular public transport operations. Additionally, as CAOs made under section 28BA of the Act are declared disallowable instruments under the Legislative Instruments Act, the Amendment Order is subject to tabling and disallowance in the Parliament. This ensures that the Parliament has an opportunity to review and potentially reject the Amendment Order, maintaining checks and balances on regulatory power.