Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 82.5 Amendment Order (No. 1) 2005
Under paragraph 28BA (1) (b) of the Civil Aviation Act 1988 (the Act), an Air Operator’s Certificate (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 Air Operators’ Certificates. Section 82.5 contains conditions on AOCs authorising regular public transport (RPT) operations in high capacity aircraft. Subparagraph 5.2 (d) of CAO 82.5 imposes the condition that night operations may only be conducted from an aerodrome that is “equipped with” a navigation aid.
The condition that the aerodrome must be “equipped with” a navigation aid precludes the use of an aerodrome where a ground-based navigation aid is unserviceable but the Global Navigation Satellite System (GNSS) is available to ensure safe navigation. The GNSS is a satellite navigation system used by a pilot on board an aircraft to determine position from satellite data. Use of the GNSS is as safe as, if not safer than, use of a serviceable ground-based navigation aid. However, an aerodrome is not “equipped with” GNSS as such.
In effect the Order amends paragraph 5.2 of CAO 82.5 to provide that an operator must ensure that night operations may only be conducted from an aerodrome “for which there is a serviceable and available navigation aid”. A Note explains that a navigation aid includes the GNSS.
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 Order 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
Formal consultation under section 17 of the LIA was not undertaken in this case. The amendment is essentially a technical improvement in the drafting of the existing provision to avoid an unintended limitation in its scope. The purpose of the amendment is to enable use of the GNSS by all relevant high capacity RPT operators in night operations. There was, however, informal consultation with, and no objection from, the chief pilots and chief maintenance engineers of the major air transport operators who participate in CASA’s Heavy Industry consultation meetings.
The Order is minor or machinery in nature and will not substantially alter existing arrangements. For these reasons, the Office of Regulation Review does not require a Regulation Impact Statement.
The instrument commences on the day after it is registered.
The CAO 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 82.5 Amendment Order (No. 1) 2005]
Overview
The Civil Aviation Order 82.5 Amendment Order (No. 1) 2005 was introduced to amend Part 82 of the Civil Aviation Orders (CAO) to address a specific limitation concerning the conditions under which high capacity aircraft may conduct night operations. The original condition specified in CAO 82.5, that night operations could only be conducted from an aerodrome "equipped with" a navigation aid, was found to unintentionally exclude the use of the Global Navigation Satellite System (GNSS), which is deemed as safe as, if not safer than, ground-based navigation aids. This amendment, enacted by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), aims to rectify this technical drafting error by replacing the term "equipped with" a navigation aid with "for which there is a serviceable and available navigation aid", thus explicitly including GNSS within the definition of serviceable navigation aids. This amendment does not require formal consultation or a Regulation Impact Statement due to its minor nature and the lack of substantial changes to existing arrangements. It is subject to disallowance by Parliament under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Order 82.5 Amendment Order (No. 1) 2005 amends the Civil Aviation Order 82.5, which pertains to conditions on Air Operators’ Certificates (AOC) that authorise regular public transport (RPT) operations in high capacity aircraft. This amendment specifically addresses the requirement that night operations may only be conducted from an aerodrome "equipped with" a navigation aid, as outlined in subparagraph 5.2(d) of CAO 82.5. The amendment clarifies that the aerodrome must be "for which there is a serviceable and available navigation aid," which includes the Global Navigation Satellite System (GNSS). The objective of this amendment is to allow the use of the GNSS, which is considered as safe as, if not safer than, a serviceable ground-based navigation aid, thereby enhancing operational flexibility for operators conducting night operations. This legislative instrument applies to entities holding AOCs for high capacity aircraft engaged in RPT operations in Australia. The amendment extends to the entire Commonwealth of Australia, reflecting its national jurisdiction. The amendment does not introduce new exclusions or exemptions but ensures the existing conditions are not inadvertently restrictive due to the technological advancements in navigation systems. This Order, being a legislative instrument, is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Order 82.5 Amendment Order (No. 1) 2005 amends the Civil Aviation Orders (CAO) under the Civil Aviation Act 1988. Specifically, section 82.5 of the CAO, which contains conditions on Air Operators' Certificates (AOC) for regular public transport (RPT) operations in high capacity aircraft, is modified. The amendment changes the condition that night operations may only be conducted from an aerodrome “equipped with” a navigation aid to “for which there is a serviceable and available navigation aid” (subsection 82.5(5.2)). This change is intended to clarify that the Global Navigation Satellite System (GNSS) is acceptable for safe navigation, even though an aerodrome is not considered “equipped with” GNSS in the traditional sense (subsection 82.5(5.2)(d)).
This Act imposes several obligations on the parties it governs. Air operators holding an AOC for RPT operations in high capacity aircraft must ensure that their night operations are conducted from aerodromes with serviceable and available navigation aids. This includes both ground-based navigation aids and GNSS. The requirement is to ensure the safety of night operations by relying on reliable navigation systems (subsection 82.5(5.2)). Operators need to maintain awareness of the availability and serviceability of the navigation aids at the aerodromes they use for night operations.
The Act also establishes legal consequences for non-compliance with its provisions. Failure to comply with the conditions of the AOC, including the requirement to use aerodromes with serviceable and available navigation aids, can result in the suspension or revocation of the AOC (subsection 28BA(1)(b) of the Civil Aviation Act 1988). Such actions can have significant operational consequences for the air operator, potentially impacting their ability to conduct RPT operations in high capacity aircraft. The severity of the penalty will depend on the nature and extent of the non-compliance, but it can include fines and imprisonment for serious breaches.
The Civil Aviation Order 82.5 Amendment Order (No. 1) 2005 is a legislative instrument declared to be disallowable under the Legislative Instruments Act 2003. This means it must be tabled and can be subject to disallowance in the Parliament within the prescribed period (subsection 98(4A) of the Civil Aviation Act 1988 and subsection 6(d)(i) of the Legislative Instruments Act 2003). This ensures that the instrument is subject to parliamentary scrutiny and provides a mechanism for its potential disallowance if deemed inappropriate. The amendment is considered minor and did not require formal consultation or a Regulation Impact Statement, but informal consultation with relevant industry stakeholders was conducted to ensure the technical accuracy of the changes.