Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 95.12.1 Amendment Order (No. 3) 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 2 place gyroplanes and certain single-place gyroplanes. A flight condition imposed on gyroplanes before Amendment Order No. 2 of 2006 was that, except with the written permission of CASA, they were 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.
Amendment Order No. 2 of 2006 enabled 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.
In the previous amendment, the words in subparagraph 5.2 (e) of the Order were substituted instead of the words in subparagraph 5.1 (e). The current amendment corrects this oversight by substituting the replacement words into subparagraph 5.1 (e) and restoring the original text of subparagraph 5.2 (e).
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
Consultation under section 17 of the LIA is not required, as the amendment is of a minor or machinery nature. The amendment is to reinsert a provision which was removed in the previous amendment.
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. 3) 2006]
Overview
The Civil Aviation Order 95.12.1 Amendment Order (No. 3) 2006 amends the Civil Aviation Order 95.12.1, which applies to two-place and certain single-place gyroplanes. Enacted by the Parliament of Australia, this amendment aims to correct an oversight in the previous Amendment Order No. 2 of 2006 by restoring the original text of subparagraph 5.2(e) and substituting the replacement words into subparagraph 5.1(e). The overarching policy objective is to ensure the safety of air navigation, as outlined in the Civil Aviation Act 1988. The amendment rectifies an error made in a prior legislative change, thereby maintaining the integrity and safety standards of the Civil Aviation Regulations 1988. This legislative instrument, subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, is considered of a minor or machinery nature and does not require consultation or a Regulation Impact Statement.
Scope and Application
The Civil Aviation Order 95.12.1 Amendment Order (No. 3) 2006 pertains to the regulations governing the operation of gyroplanes, specifically two-place and certain single-place gyroplanes. This amendment order applies nationally across Australia, in accordance with the provisions set out in the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. The amendment corrects a previous oversight by reinstating the original text in subparagraph 5.2(e) and appropriately substituting the replacement words into subparagraph 5.1(e). The Civil Aviation Order 95.12.1, as amended, allows gyroplanes to operate at heights exceeding 500 feet above ground level or within 8 kilometres of a registered or certified aerodrome, provided that the pilot holds a valid gyroplane pilot certificate endorsed for such operations and adheres to the Australian Sport Rotorcraft Association’s operations manual. The order is subject to disallowance under the Legislative Instruments Act 2003, although consultation and a Regulation Impact Statement are not required due to the minor nature of the amendment. The instrument takes effect the day after registration.
Key Provisions
The Civil Aviation Order 95.12.1 Amendment Order (No. 3) 2006 amends the existing Civil Aviation Order 95.12.1 to correct a previous oversight. Section 5 of the Civil Aviation Order 95.12.1 pertains to the operation of gyroplanes, including two-place and certain single-place gyroplanes, and the conditions under which they can be flown. The amendment corrects an error made in a previous amendment (Amendment Order No. 2 of 2006) by restoring the original text of subparagraph 5.2(e) and substituting the correct words into subparagraph 5.1(e). This ensures that the conditions for flying gyroplanes are accurately reflected in the regulations.
The Civil Aviation Order 95.12.1 Amendment Order (No. 3) 2006 imposes specific obligations on pilots operating gyroplanes under this Order. These obligations include ensuring that they hold a valid gyroplane pilot certificate endorsed for the type of activity they intend to undertake and that they operate the gyroplane in accordance with the Australian Sport Rotorcraft Association’s operations manual. Additionally, the amendment reinstates the flight condition that gyroplanes cannot be flown at a height of more than 500 feet above ground level or within 8 kilometres of a registered or certified aerodrome unless they have written permission from the Civil Aviation Safety Authority (CASA).
Failure to comply with the conditions set out in Civil Aviation Order 95.12.1, as amended, may result in civil or criminal consequences. The Civil Aviation Act 1988 (the Act) provides for the imposition of penalties for breaches of the regulations. The maximum penalties for contravening the Civil Aviation Regulations 1988 (CAR 1988) are significant and may include fines and imprisonment. Specifically, under section 98 of the Act, the Governor-General has the power to make regulations for the purposes of the Act and in the interests of the safety of air navigation, and non-compliance with these regulations can lead to severe consequences.
The Amendment Order is a legislative instrument and, as such, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA). However, consultation under section 17 of the LIA is not required as the amendment is of a minor or machinery nature. Furthermore, the Office of Regulation Review does not require a Regulation Impact Statement because the amendments are of a minor or machinery nature. The instrument commences on the day after it is registered and has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A(2) of the Act.