Civil Aviation Order 82.7 Amendment Order (No. 1) 2007

Overview

The Civil Aviation Order 82.7 Amendment Order (No. 1) 2007 was introduced to address the need for the Civil Aviation Safety Authority (CASA) to obtain more comprehensive data on the activities of aerial work and charter operations in balloons to better assess risks and direct safety oversight activities. This Amendment Order was enacted by the Director of Aviation Safety on behalf of CASA in accordance with the Civil Aviation Act 1988. The Amendment Order introduces an Air Operator’s Certificate Holder’s Safety Questionnaire (AHSQ) to replace the existing Organisation Annual Return, thereby clarifying responsibilities rather than imposing new regulatory requirements. The legislative instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. Consultation with relevant stakeholders through the Standards Consultative Council resulted in no adverse comments, and a preliminary assessment indicates that the amendment will have a low impact on business compliance costs.

Scope and Application

The Civil Aviation Act 1988 applies to entities and individuals involved in air operations within Australia, specifically those holding an Air Operator's Certificate (AOC) that authorises aerial work operations and charter operations in balloons. This legislation, as modified by the Civil Aviation Order 82.7 Amendment Order (No. 1) 2007, mandates that AOC holders must complete an Air Operator’s Certificate Holder’s Safety Questionnaire (AHSQ) to provide specific data on their activities. This requirement replaces the previous Organisation Annual Return and is intended to provide the Civil Aviation Safety Authority (CASA) with more detailed information on aviation activities, thus enabling more effective safety oversight and risk assessment. The Amendment Order is applicable nationally and is a legislative instrument subject to disallowance by the Parliament. The amendment is designed to enhance CASA's ability to prioritise safety activities and deliver targeted support to the aviation industry, without imposing new regulatory burdens on AOC holders.

Key Provisions

The Civil Aviation Act 1988, as amended by the Civil Aviation Order 82.7 Amendment Order (No. 1) 2007, introduces a new requirement for Air Operator’s Certificates (AOC) holders who conduct aerial work and charter operations in balloons. Under subsection 28BA(1) of the Act, an AOC is subject to any conditions specified in the regulations and in the Civil Aviation Orders (CAO) (subsection 28BA(1)). The amendment specifically adds a new subsection 7 to Civil Aviation Order 82.7 (CAO 82.7) (subsection 84A(2)). This new subsection mandates that AOC holders must complete an AOC Holder’s Safety Questionnaire (AHSQ) to provide CASA with detailed information on their operations. The AOC Holder’s Safety Questionnaire (AHSQ) is designed to collect comprehensive data on various aspects of aerial work and charter operations in balloons. This data includes details such as aircraft hours, the number of landings, types and extent of operations, passenger carrying activities, aircrew and key organisational personnel, maintenance responsibilities, base of operations, operating environment, and flight rules. This new requirement is intended to enhance CASA’s ability to assess risks, direct safety oversight activities, and offer targeted safety support to the industry. It effectively replaces the current Organisation Annual Return, thereby clarifying the responsibilities of AOC holders without introducing a new regulatory requirement. Obligation-wise, AOC holders must complete and submit the AHSQ as part of their compliance with the conditions of their AOCs. This requirement is aimed at ensuring that CASA receives the necessary data to conduct effective risk assessments and safety oversight. The information gathered through the AHSQ will enable CASA to prioritise its surveillance activities, make more informed judgments about industry risks, and provide better targeted safety support. This process ensures that AOC holders are aware of their obligations and the importance of providing accurate and detailed information. The Amendment Order also outlines the legislative framework and consultation processes that were followed. Under the Legislative Instruments Act, CAOs made for section 28BA of the Act are declared to be disallowable instruments, and the Amendment Order is a legislative instrument subject to tabling and disallowance in Parliament (subsection 98(4A)). The Office of Best Practice Regulation assessed the Business Compliance Costs of this amendment and determined that it would have only a low impact on business, thus not requiring a Regulation Impact Statement. Consultation with interested parties was conducted through the Standards Consultative Council, with no adverse comments received. This indicates that the amendment was well-received and considered to be a reasonable regulatory measure.