Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 95.4 Amendment Instrument 2012 (No. 1)
Purpose
The main purpose of Civil Aviation Order 95.4 Amendment Instrument 2012 (No. 1) (the CAO amendment) is to remove misleading references from Civil Aviation Order 95.4 (CAO 95.4).
Background
CAO 95.4 applies to power-assisted sailplanes, powered sailplanes and sailplanes. It contains exemptions from the Civil Aviation Regulations 1988 (CAR 1988). These exemptions apply subject to conditions.
One of those conditions, as set out in paragraph 5.1, stated that an aircraft to which this Order applied was not to be operated except by an individual who was a member of, and subject to the rules, regulations and directions of, The Gliding Federation of Australia Inc. (GFA) or an organisation that was affiliated with the GFA.
In this Order, the reference to an affiliated organisation was included in error. While the reference was intended to be included in another Order, it always was the intention of CASA that a power-assisted sailplane, powered sailplane or sailplane must only be flown subject to the safety oversight of the GFA if operated under CAO 95.4. This CAO amendment removes the reference. The omitted words could have been taken to imply that any organisation affiliated, however loosely, with the GFA was acceptable as a substitute to GFA membership or CASA controls.
In addition, the heading to subsection 3 contained a reference to exemptions being issued under regulation 308 of CAR 1988. This reference became misleading when regulation 308 was removed from CAR 1988. It has, therefore, been removed from the heading. An exemption from Parts 4 and 4A of CAR 1988 is added to subsection 3. It was not intended that the aircraft to which CAO 95.4 applies, which are aircraft subject to stringent weight restrictions and used mainly for sport and recreational purposes, should be subject to the airworthiness and maintenance standards set out in those 2 Parts and applicable to aircraft in general. GFA standards are applicable.
The CAO amendment also amends CAO 95.4 to ensure that the aircraft are maintained in accordance with the operational and maintenance requirements of the GFA. This amendment is necessary to ensure that the relevant standards are complied with after exemption from the requirements of Parts 4 and 4A.
Consultation under the Legislative Instruments Act 2003 (the LIA)
Notice of the intention to amend CAO 95.4 was displayed on the CASA website as Project OS12/14 after approval by CASA on 25 March 2012 of the proposal. Further consultation was not undertaken. The amendment of paragraph 5.1 will only reinstate what is recognised as CASA policy. The reference to an affiliated organisation had been included in error without consultation. The other amendments are strictly minor or machinery amendments which recognise what is accepted policy.
Human rights implications
The CAO amendment corrects an unintended error, the removal of which does not engage any of the applicable rights or freedoms or raise any human rights issues. It also makes other minor corrections.
Office of Best Practice Regulation (OBPR)
The instrument has only a nil to low impact on business. A regulatory impact statement (RIS) for the CAO amendment is not required for OBPR purposes because a preliminary assessment of business compliance costs indicates that the amendment will have only a nil to low impact on business.
Commencement and making
The CAO amendment commences on the day after registration.
The CAO amendment 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 95.4 Amendment Instrument 2012 (No. 1)]