Overview

The Civil Aviation Amendment Order (No. R57) 2004, enacted in 2004, is a legislative instrument that revokes and remakes section 95.2 of the Civil Aviation Orders. This amendment was introduced to ensure compliance and consistency with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The Civil Aviation Orders, specifically the exemption outlined in section 95.2, were updated to reflect technical requirements of the new Act and to correct outdated references within the Order. Furthermore, the amendment introduces gender-neutral wording into the Order. This revision was overseen by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988 and was deemed of minor or machinery of government nature, thus not requiring a Regulation Impact Statement. The purpose of this legislative change was to streamline the regulatory framework without altering existing law or policy, ensuring that aviation safety standards remain intact while meeting modern legislative standards.

Scope and Application

The Civil Aviation Amendment Order (No. R57) 2004, which revokes and replaces section 95.2 of the Civil Aviation Orders, applies to the Civil Aviation Safety Authority (CASA) and any aircraft subject to the Civil Aviation Regulations 1988 (CAR 1988). This Order specifically concerns the exemption from certain regulatory provisions regarding aircraft manoeuvres on aerodromes. The exemption applies to particular aerodromes and pertains only to taxiing on the manoeuvring areas outside the runway strips designated for take-off or landing. While the substance of the exemption remains unchanged, the Order ensures compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. Additionally, the Order updates outdated references and introduces gender-neutral language. The exemption is subject to conditions specified by CASA, necessary for safety purposes. The regulatory impact of this amendment is considered minor, and thus a Regulation Impact Statement was deemed unnecessary. The Order was issued by the Director of Aviation Safety in accordance with the Civil Aviation Act 1988 and took effect upon gazettal.

Key Provisions

The Civil Aviation Amendment Order (No. R57) 2004 primarily addresses the revocation and replacement of section 95.2 of the Civil Aviation Orders (CAO). This section previously exempted certain aircraft from the requirement to obtain prior authorisation for taxiing on the manoeuvring area outside the runways at specified aerodromes, as per subregulation 308(1) of the Civil Aviation Regulations 1988 (CAR 1988). The amendment ensures that any exemption granted by the Civil Aviation Safety Authority (CASA) under this section remains subject to safety conditions outlined in subregulation 308(3) of CAR 1988. Entities or individuals who operate aircraft under these exemptions must ensure that their operations adhere to the conditions specified by CASA, which are deemed necessary for safety. This includes any updates or modifications to the existing conditions that CASA may impose. The obligations extend to maintaining compliance with these safety conditions, ensuring that any changes to flight operations or aerodrome procedures are communicated to CASA and that all necessary authorisations or permissions are sought where required. Breaches of the conditions set out by CASA for these exemptions may result in legal consequences. While specific penalties are not detailed within the text, it is understood that failure to comply with safety conditions could lead to enforcement actions under CAR 1988 or other relevant aviation regulations. Such actions could include fines, suspension or revocation of operating permits, or other administrative penalties. The exact penalties would be determined by CASA based on the severity of the breach and the associated risks to aviation safety.