Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Safety Regulations 1998
Civil Aviation Order 95.33 Repeal Instrument 2012
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Regulation 200.010 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provided 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 (the CAOs) were 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 entered into a contract for the purchase of Eurocopter EC 665 Tiger Armed Reconnaissance Helicopters. Australian Aerospace Limited had project management responsibility for the flight testing of these aircraft.
In accordance with regulation 200.010, section 95.33 of the CAOs (CAO 95.33) was made to set out the conditions with which the aircraft had to comply if they were to be exempt from CAR 1988 and CASR 1998 while undergoing flight testing. Because regulation 200.010 of CASR 1998 has been repealed, the repeal instrument has been made under regulation 11.160 of CASR 1998. Regulation 11.160 of CASR 1998 provides that CASA may grant an exemption from a provision of the regulations, including CAR 1988, or a provision of the CAOs. Under subsection 33 (3) of the Acts Interpretation Act 1901 (the AIA), a power to make, grant or issue an instrument includes a power to repeal any such instrument.
Consultation
The Department of Defence advised CASA that flight testing activities under CAO 95.33 are no longer required and that the Order need no longer be in place.
Human rights implications
The instrument removes an exemption from legislative requirements as described above. The instrument does not engage any of the applicable rights or freedoms.
The Civil Aviation Order 95.33 Repeal Instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Civil Aviation Order 95.33 Repeal Instrument 2012]