Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 82.5 Amendment Order (No. 2) 2007
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 (the CAOs).
Part 82 of the CAOs specifies conditions on AOCs. Civil Aviation Order 82.5 (CAO 82.5) contains conditions on those AOCs that authorise regular public transport operations in high capacity aircraft.
Background
CASA requires more data on the activities of various sectors of the aviation industry to better assess risks and to direct safety oversight activities. The information sought includes, but is not limited to, aircraft hours and the number of landings, type and extent of operations undertaken, passenger carrying activities undertaken, aircrew and key organisational personnel, maintenance responsibilities, base of operations and operating environment and flight rules. The information obtained will enable CASA to better prioritise and oversight activities such as surveillance, make more accurate judgments of risks within the aviation industry and how these can be addressed and to offer better targeted safety support to the industry.
The Amendment Order inserts a new subsection 11 into CAO 82.5. This provides that the information CASA is seeking will be obtained by means of an AOC Holder’s Safety Questionnaire (AHSQ).
The AHSQ will replace the current Organisation Annual Return, which many air operators currently complete. Consequently, the effect of the change is one of clarification of responsibilities rather than of imposing a new regulatory requirement.
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 with interested parties through the Standards Consultative Council. There have not been any adverse comments.
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 came into effect on the day after it was registered.
The Amendment Order 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. 2) 2007]