Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 95.12.1 Amendment Order (No. 2) 2006
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Regulation 5 of the Civil Aviation Regulations 1988 (CAR 1988) empowers CASA to issue any direction or notification or give any permission, approval or authority in Civil Aviation Orders (the CAOs).
Under subregulation 308 (1) of CAR 1988, CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft from compliance with specified provisions of CAR 1988.
Civil Aviation Order 95.12.1 applies to certain 2 place gyroplanes. A flight condition imposed on the gyroplanes is that, except with the written permission of CASA, they are not allowed to be flown at a height of more than 500 feet above ground level or within 8 kilometres of a registered or certified aerodrome.
The amendment enables gyroplanes to operate above 500 feet or within 8 kilometres of a certified or registered aerodrome if the pilot holds a valid gyroplane pilot certificate endorsed for this type of activity and operates the gyroplane in accordance with the Australian Sport Rotorcraft Association’s operations manual.
Legislative Instruments Act
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. Under subsection 95 (5) of the Act, CAOs are declared to be disallowable instruments. The amendment 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
Though formal consultation under section 17 of the LIA is not required, as the amendments are of a minor or machinery nature, CASA has discussed the development of the amendments with most affected parties, either directly or through the Standards Consultative Committee. The parties have had the opportunity to comment on it and have agreed to the amendments.
The Office of Regulation Review does not require a Regulation Impact Statement as the amendments are of a minor or machinery nature.
The instrument commences on the day after it is registered.
The instrument 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 95.12.1 Amendment Order (No. 2) 2006]
Overview
The Civil Aviation Order 95.12.1 Amendment Order (No. 2) 2006 amends the Civil Aviation Order 95.12.1 to allow gyroplanes to operate above 500 feet or within 8 kilometres of a certified or registered aerodrome, provided the pilot holds a valid gyroplane pilot certificate endorsed for this type of activity and operates the gyroplane in accordance with the Australian Sport Rotorcraft Association’s operations manual. The amendment was introduced to address the gap in the regulation of gyroplanes by allowing them to operate under certain conditions without needing written permission from CASA. The Civil Aviation Order 95.12.1 Amendment Order (No. 2) 2006 was enacted by the Director of Aviation Safety on behalf of CASA in accordance with subsection 84A(2) of the Civil Aviation Act 1988 and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The amendment was made following discussions with most affected parties, either directly or through the Standards Consultative Committee.
Scope and Application
The Civil Aviation Order 95.12.1 Amendment Order (No. 2) 2006, which amends Civil Aviation Order 95.12.1, applies to specific two-place gyroplanes operating under the Civil Aviation Regulations 1988. The amendment primarily addresses the operational conditions for these gyroplanes, including a new provision that allows such aircraft to exceed the previously stipulated height of 500 feet above ground level or operate within 8 kilometres of a registered or certified aerodrome if certain conditions are met. This includes the requirement for the pilot to hold a valid gyroplane pilot certificate endorsed for this type of operation and to adhere to the Australian Sport Rotorcraft Association's operations manual. This amendment was made under the authority granted by Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to enact regulations for air navigation safety, and under regulation 5 of the Civil Aviation Regulations 1988, which allows the Civil Aviation Safety Authority (CASA) to issue directions, notifications, permissions, approvals, or authorities through Civil Aviation Orders. The amendment is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, as it is considered a disallowable instrument. While formal consultation under the Legislative Instruments Act is not mandated for minor amendments, CASA has engaged with affected parties to discuss the development of these amendments, ensuring their agreement and opportunity to provide feedback.
Key Provisions
The main operative sections of the Civil Aviation Order 95.12.1 Amendment Order (No. 2) 2006 amend the flight conditions for certain two-place gyroplanes, providing an exception for certain operations (subregulation 308(1) of CAR 1988). This amendment allows gyroplanes to fly above 500 feet above ground level or within 8 kilometres of a certified or registered aerodrome if the pilot holds a valid gyroplane pilot certificate endorsed for this type of activity and operates the gyroplane in accordance with the Australian Sport Rotorcraft Association’s operations manual.
This amendment imposes specific obligations on gyroplane pilots and operators. Firstly, pilots must hold a valid gyroplane pilot certificate endorsed for operations above 500 feet or within 8 kilometres of a certified or registered aerodrome. Secondly, they must adhere to the Australian Sport Rotorcraft Association’s operations manual when performing these operations. Additionally, the amendment ensures that the Civil Aviation Safety Authority (CASA) retains the authority to issue directions, notifications, permissions, approvals, or authorities as necessary (Regulation 5 of CAR 1988).
Failure to comply with the conditions set out in this amendment may lead to civil and criminal consequences. Under the Civil Aviation Act 1988, CASA can impose fines and other penalties for non-compliance with civil aviation regulations. The maximum penalties for offences under the Act can include fines of up to $21,000 for individuals and $105,000 for corporations, as well as potential imprisonment terms. The severity of the penalties may depend on the nature and extent of the breach, as well as any previous convictions. The Legislative Instruments Act 2003 also stipulates that the amendment is a legislative instrument and is subject to tabling and disallowance in the Parliament, providing a mechanism for parliamentary oversight.