Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 82.5 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 82.5 contains conditions on those AOCs that authorise regular public transport operations in high capacity aircraft.
Purpose
The purpose of Civil Aviation Order 82.5 Amendment Order (No. 1) 2010 (the CAO 82.5 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 82.5 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 82.5 amendment because a preliminary assessment of the business compliance costs indicates that the CAO 82.5 amendment will have only a nil to low impact on business.
Commencement and making
The CAO 82.5 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 subsection 73 (2) of the Act.
[Civil Aviation Order 82.5 Amendment Order (No. 1) 2010]
Overview
The Civil Aviation Order 82.5 Amendment Order (No. 1) 2010 amends the Civil Aviation Order 82.5 under the Civil Aviation Act 1988, which was enacted to regulate civil aviation in Australia for the purpose of safety. This particular amendment was introduced to address the problem of ensuring that the Civil Aviation Safety Authority (CASA) has the necessary information to review the terms of aircraft leases, particularly in relation to high capacity aircraft used for regular public transport operations. By mandating that applicants for Air Operators’ Certificates (AOCs) provide details of aircraft leases, the amendment aims to ensure that all leased aircraft meet airworthiness requirements and that there are no lease terms that might impact the safe operation of the aircraft. This amendment is consistent with existing provisions in the Act, ensuring a uniform application of information requirements. The amendment was enacted by the Director of Aviation Safety on behalf of CASA, in accordance with the legislative framework established by the Civil Aviation Act 1988 and the Legislative Instruments Act.
Scope and Application
The Civil Aviation Order 82.5 Amendment Order (No. 1) 2010 pertains to the administration of Air Operators’ Certificates (AOC) within the framework of the Civil Aviation Act 1988. This legislation applies to both Australian and foreign registered aircraft that seek to conduct regular public transport operations using high capacity aircraft. Specifically, the amendment focuses on ensuring that the Civil Aviation Safety Authority (CASA) can access and review the details of aircraft leases to assess their impact on operational control, maintenance, and airworthiness. For foreign registered aircraft, the Act mandates that applicants provide CASA with detailed information including the names and addresses of individuals responsible for operational and maintenance control, along with signed statements affirming their understanding of regulatory responsibilities. This requirement does not apply to Australian registered aircraft. The purpose of the amendment is to harmonise the regulatory approach for leased aircraft, ensuring consistent application of information requirements across different types of aircraft registration. The amendment, which is a legislative instrument, extends the existing legislative framework by specifying conditions on AOCs for high capacity aircraft, ensuring that CASA can effectively evaluate the safety implications of aircraft leases. The amendment applies nationally and is subject to the Legislative Instruments Act, ensuring parliamentary oversight through tabling and potential disallowance.
Key Provisions
The Civil Aviation Order 82.5 Amendment Order (No. 1) 2010 amends Civil Aviation Order 82.5 to impose new requirements on applicants for Air Operators’ Certificates (AOCs) in relation to aircraft leases. Under section 28A(1)(h) of the Civil Aviation Act 1988 (the Act), applicants for an AOC must provide the Civil Aviation Safety Authority (CASA) with a description of the terms of a lease of a foreign aircraft. This amendment now requires this information to be provided for all leased aircraft, not just foreign registered aircraft, ensuring consistency in the application of these requirements. Additionally, under the amended order, applicants must provide CASA with the names and addresses of the persons responsible for operational and airworthiness and maintenance control of the aircraft, as well as signed statements from these individuals confirming their understanding of their responsibilities under the regulations. This requirement already applies to foreign registered aircraft but is now extended to all leased aircraft.
The amended order imposes specific obligations on applicants for AOCs who operate leased aircraft. They must ensure they provide CASA with all the required information regarding the lease terms, including the identities and contact details of the responsible individuals, and obtain signed statements affirming their understanding of their regulatory responsibilities. These obligations are necessary to enable CASA to assess whether the lease terms might impact the safe operation of the aircraft, its maintenance, and its compliance with airworthiness requirements. Failure to provide this information could result in CASA being unable to issue an AOC, thereby preventing the operator from legally conducting the intended activities.
Breaches of the requirements to provide the necessary information regarding aircraft leases could lead to CASA refusing to issue an AOC, or if an AOC has already been issued, CASA could impose conditions on the AOC or take enforcement action. The Act does not specify particular offences or penalties for failure to comply with the requirements to provide information about aircraft leases. However, CASA has the authority to take regulatory action under the Act, including imposing fines or other penalties, and in severe cases, CASA could revoke an AOC. The maximum penalties for breaches related to AOCs generally can include substantial fines and potential imprisonment for serious offences.
The CAO 82.5 amendment ensures that CASA can review and assess lease agreements to verify that they do not contain any clauses that might affect the safe operation, maintenance, or airworthiness of the aircraft. By requiring the submission of lease details and statements of responsibility from relevant individuals, CASA aims to maintain high safety standards in the aviation industry. The amendment reflects the principle that all leased aircraft must meet the same stringent safety and regulatory standards, regardless of whether the aircraft is foreign or domestically registered.