CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
NEW SECTION 95.33
EUROCOPTER EC665 TIGER ARMED RECONNAISSANCE HELICOPTER
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 200.010 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that a military aircraft undergoing production flight testing or acceptance flight testing (flight testing) is exempt from the Civil Aviation Regulations 1988 (CAR 1988) and CASR 1998 if the conditions set out in the relevant section of Part 95 of the Civil Aviation Orders (CAOs) are complied with.
Military aircraft are defined in regulation 2 of CAR 1988 as aircraft of any part of the Australian Defence Force (ADF), including any aircraft that is being constructed for the ADF.
The Department of Defence has entered into a contract for the purchase of Eurocopter EC 665 Tiger Armed Reconnaissance Helicopters. Australian Aerospace Limited (AAL) has project management responsibility for the flight testing of these aircraft. If the flight testing is successful, the ADF will put the aircraft into service. In accordance with CAR 1988, therefore, the aircraft are military aircraft to which regulation 200.010 of CASR 1998 may apply.
In accordance with regulation 200.010, section 95.33 has been made to set out the conditions with which the aircraft must comply if they are to be exempt from CAR 1988 and CASR 1998 while undergoing flight testing.
Under the conditions, AAL must exercise the authorisation and control of the flight testing necessary to ensure the airworthiness of the aircraft. Before beginning flight testing, AAL personnel must inspect the aircraft to determine whether it complies with the design standard and is suitable for flight testing.
The ADF must exercise the authorisation and control of the flight testing necessary to ensure the aircrew are properly qualified and experienced, and that any ADF pilots are properly authorised. The flight testing must be conducted in accordance with particular ADF and AAL flight manuals and other technical publications and limitations referred to in the CAO.
Flight testing, or other flights in relation to flight testing, conducted outside military airspace must be conducted in accordance with the Joint Aviation Standards and Procedures (JASAP) issued by Airservices Australia and the Department of Defence. The other flights referred to include transit flights to flight testing areas.
The Office of Regulation Review has advised that a Regulation Impact Statement is not required. The CAO is not likely to have direct, or substantial indirect, effect on business and is not likely to restrict competition.
The CAO has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Amendment Order (No. 6) 2004]