Civil Aviation Order 82.5 Amendment Order (No. 2) 2007

Overview

The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, ensuring safety and efficiency in the industry. The Act provides the framework for the Civil Aviation Order 82.5 (CAO 82.5) which specifies conditions on Air Operator’s Certificates (AOC) that authorise regular public transport operations in high capacity aircraft. To better assess risks and direct safety oversight activities, the Civil Aviation Order 82.5 Amendment Order (No. 2) 2007 was introduced by the Civil Aviation Safety Authority (CASA) to address a gap in the availability of data on the activities of the aviation industry. The Amendment Order mandates the use of an AOC Holder’s Safety Questionnaire (AHSQ) to obtain necessary information, which will replace the current Organisation Annual Return, thereby clarifying responsibilities rather than imposing new regulatory requirements. This change was made in accordance with the Legislative Instruments Act 2003, and after consultation with interested parties, it was determined that a Regulation Impact Statement was not required due to the low impact on business compliance costs.

Scope and Application

The Civil Aviation Order 82.5 Amendment Order (No. 2) 2007 amends the Civil Aviation Orders under the Civil Aviation Act 1988 to introduce the Air Operator’s Certificate Holder’s Safety Questionnaire (AHSQ), which will replace the current Organisation Annual Return for air operators holding an Air Operator’s Certificate (AOC) that authorises regular public transport operations in high capacity aircraft. This change is aimed at enabling the Civil Aviation Safety Authority (CASA) to obtain more detailed data to better assess risks and direct safety oversight activities. The amendment applies to air operators who hold an AOC for high capacity aircraft, and the new requirements will be enforced through the AOC, which is subject to the conditions specified in the Regulations and the CAOs. The amendment is designed to clarify existing responsibilities rather than imposing new regulatory requirements. As a legislative instrument, the Amendment Order is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The Office of Best Practice Regulation has determined that this amendment will have a low impact on business, thus no Regulation Impact Statement was required. The amendment came into effect on the day after it was registered.

Key Provisions

The main operative sections of the Civil Aviation Order 82.5 Amendment Order (No. 2) 2007 (Amendment Order) pertain to the introduction of an Air Operator's Safety Questionnaire (AHSQ) as a means to obtain data from air operators. Section 28BA(1) of the Civil Aviation Act 1988 (the Act) stipulates that an Air Operator’s Certificate (AOC) is effective subject to any conditions specified in the Regulations and in the Civil Aviation Orders (CAOs). Specifically, the Amendment Order modifies Part 82 of the CAOs, which outlines conditions for AOCs that authorise regular public transport operations in high-capacity aircraft. The amendment introduces a new subsection 11 into CAO 82.5, mandating that the information required by the Civil Aviation Safety Authority (CASA) will be collected via the AHSQ, replacing the existing Organisation Annual Return. The obligations imposed by the Amendment Order primarily focus on ensuring that air operators provide the necessary data to CASA. This data includes, but is not limited to, aircraft hours, the number of landings, types and extent of operations undertaken, passenger carrying activities, details of aircrew and key organisational personnel, maintenance responsibilities, base of operations, operating environment, and flight rules. This requirement aims to equip CASA with comprehensive information to assess risks, prioritise oversight activities, make accurate judgments of risks within the aviation industry, and offer targeted safety support. The Amendment Order also outlines the consequences of non-compliance with the new requirements. Under subsection 98(4A) of the Act, CAOs made for section 28BA are considered disallowable instruments. This means that the Amendment Order is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Failure to comply with the data collection requirements stipulated by the AHSQ could result in regulatory action by CASA, potentially impacting the AOC holder's ability to operate. While specific penalties are not detailed within the Amendment Order, non-compliance with civil aviation regulations generally can lead to enforcement actions, including fines and sanctions against the air operator. The precise penalties for non-compliance would be determined by CASA in accordance with the existing regulatory framework.