Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 95.4.1 Amendment Instrument 2013 (No. 1)
Purpose
The main purpose of Civil Aviation Order 95.4.1 Amendment Instrument 2013 (No. 1) (the CAO amendment) is to amend paragraph 2.1 of Civil Aviation Order 95.4.1 (CAO 95.4.1).
Background
CAO 95.4.1 applies to gliders engaged in charter operations. It contains exemptions from the Civil Aviation Regulations 1988 (CAR 1988). These exemptions apply subject to conditions.
An exemption from Parts 4 and 4A of CAR 1988 is added to paragraph 2.1. It was not intended that the aircraft to which CAO 95.4.1 applies should be subject to the airworthiness and maintenance standards set out in those 2 Parts and applicable to aircraft in general. Gliding Federation of Australia (GFA) standards are applicable to aircraft of this description as mentioned in the CAO amendment.
Consultation under the Legislative Instruments Act 2003
Notice of the intention to amend CAO 95.4.1 was displayed on the CASA website as Project OS 12/44 after approval of the proposal by CASA on 12 December 2012. Further consultation was not undertaken other than informal discussion with the GFA. The amendment of paragraph 2.1 will only facilitate maintenance of gliders in accordance with what is recognised as acceptable industry practice for these aircraft.
Compatibility with human rights and freedoms
A statement of compatibility with human rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
OBPR assessed that the amendment is of a machinery nature and no further analysis in the form of a Regulation Impact Statement was required (OBPR ID: 14679).
Commencement and making
The instrument comes into effect on the day after registration.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Civil Aviation Act 1988.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Civil Aviation Order 95.4.1 Amendment Instrument 2013 (No. 1)
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The legislative instrument exempts operators of gliders engaged in charter operations from inapplicable maintenance requirements and sets alternative less demanding procedures.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority
[Civil Aviation Order 95.4.1 Amendment Instrument 2013 (No. 1)]