Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 95.12.1 Amendment Order (No. 4) 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 permission, approval or authority in Civil Aviation Orders (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.
Under subregulation 308 (3), the exemptions may be granted subject to conditions. A condition that is imposed on the majority of sports aviation aircraft is that they are not allowed to be flown inside controlled airspace. ICAO definition of controlled airspace includes Class E airspace. However, Class E airspace is different from other classes of controlled airspace in that control is only exercised over aircraft that are operating to the Instrument Flight Rules, so that no A.T.C. clearance is required for an aircraft to operate under the Visual Flight Rules in visual meteorological conditions. The amendment is to allow sport and recreational aircraft operations under V.F.R. to be flown in Class E airspace in V.M.C.
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
Consultations under section 17 of the LIA have not been undertaken as the amendment is minor and of a machinery nature.
For the same reason, the Office of Regulation Review does not require a Regulation Impact Statement as the amendment is minor and of a 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. 4) 2006]
Overview
The Civil Aviation Order 95.12.1 Amendment Order (No. 4) 2006 is an amendment to the Civil Aviation Order 1988, enacted to address a specific issue regarding the operation of sport and recreational aircraft within certain airspace classifications. This amendment was introduced by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988. The primary objective of this amendment is to permit sport and recreational aircraft to operate under Visual Flight Rules (VFR) within Class E airspace during Visual Meteorological Conditions (VMC), a change that was not previously allowed. The Civil Aviation Order 95.12.1 Amendment Order (No. 4) 2006 is considered a legislative instrument under the Legislative Instruments Act 2003, and as such, it is subject to tabling and disallowance in the Parliament. However, due to the minor and machinery nature of the amendment, formal consultation processes under the Legislative Instruments Act were not undertaken, nor was a Regulation Impact Statement required. The amendment took effect on the day following its registration and was made by the Director of Aviation Safety on behalf of CASA.
Scope and Application
The Civil Aviation Order 95.12.1 Amendment Order (No. 4) 2006 amends the Civil Aviation Regulations 1988 to allow sport and recreational aircraft to be flown under Visual Flight Rules in Class E airspace in Visual Meteorological Conditions. This amendment applies to aircraft and persons involved in the operation of sport and recreational aircraft, and its purpose is to enhance safety and operational flexibility within the aviation industry. The amendment is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. The amendment extends to the Commonwealth of Australia and is enforced by the Civil Aviation Safety Authority (CASA). Exemptions and conditions are set out in the Civil Aviation Order, which may include restrictions such as the prohibition of flying within controlled airspace for most sports aviation aircraft. The amendment does not require consultation or a Regulation Impact Statement as it is of a minor, machinery nature. The instrument commences on the day after it is registered and is made by the Director of Aviation Safety on behalf of CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Order 95.12.1 Amendment Order (No. 4) 2006 amends existing Civil Aviation Orders (CAO) to introduce new provisions regarding the operation of sport and recreational aircraft within Class E airspace under Visual Flight Rules (VFR). Specifically, section 98 of the Civil Aviation Act 1988 (the Act) allows the Governor-General to make regulations for the safety of air navigation, and Regulation 5 of the Civil Aviation Regulations 1988 (CAR 1988) empowers the Civil Aviation Safety Authority (CASA) to issue directions, notifications, permissions, approvals, or authorities in Civil Aviation Orders. The amendment modifies subregulation 308(1) of CAR 1988, which currently restricts most sports aviation aircraft from flying within controlled airspace, to allow such aircraft to operate under VFR in Class E airspace when conditions are visual meteorological conditions (VMC).
The amended provisions impose certain obligations and requirements on the parties or entities it governs. Firstly, CASA retains its authority to exempt aircraft or persons associated with the operation of the aircraft from compliance with specified provisions of CAR 1988, as per subregulation 308(1). Secondly, exemptions can be granted subject to conditions, such as the prohibition on flying in controlled airspace, which is now modified to allow VFR operations in Class E airspace. Additionally, the amendments require that any exemption granted must comply with the conditions stipulated in the Civil Aviation Order. These conditions are designed to ensure that the operations of sport and recreational aircraft do not compromise safety within the airspace.
There are no explicit offences or penalties mentioned in the amendment for breach of the provisions. However, the overarching Civil Aviation Act 1988 provides for various offences and penalties related to air navigation safety. For instance, contravening regulations under the Act may result in fines or imprisonment. In particular, section 97 of the Act allows for fines of up to $16,500 for individuals and $82,500 for corporations for offences related to air navigation safety, along with potential imprisonment terms. These penalties underscore the importance of adhering to the safety regulations set forth in the Act and the amended Civil Aviation Order.
The Legislative Instruments Act 2003 (the LIA) stipulates that the amendment Order is a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. This process ensures that the amendment is subject to parliamentary scrutiny, thereby upholding the legislative framework’s integrity and accountability. The instrument, declared as a disallowable instrument under subsection 95(5) of the Act, commences on the day after it is registered. The amendment was made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the changes are implemented in line with the legislative authority granted by the Civil Aviation Act 1988.