Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 95.4 Amendment Order (No. 1) 2006
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 5 of the Civil Aviation Regulations 1988 (CAR 1988) empowers CASA to issue any direction or notification or give any permission, approval or authority in Civil Aviation Orders (CAOs).
Under subregulation 308 (1) of CAR 1988, CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988.
Civil Aviation Order 95.4 (CAO 95.4) applies to gliders, powered sailplanes and power-assisted sailplanes used for sporting and recreational purposes or practical flight instructions conducted in accordance with the Gliding Federation of Australia (GFA) Operational Regulations.
After considering a request from the GFA, CASA has agreed to amend CAO 95.4 to permit a flight that is described by paragraph 157 (4) (b) of CAR 1988, so that a flight may be conducted below 500 feet above the ground when approaching its intended landing place if the flight is conducted in accordance with procedures contained in the GFA Operational Regulations.
The opportunity has also been taken to update the definition of GFA to give the correct description of the GFA.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under subsection 95 (5) of the Act, CAOs are declared to be disallowable instruments. The amendment Order is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Though formal consultation under section 17 of the LIA is not required, as the amendments are of a minor or machinery nature, CASA has discussed the development of the amendments with most affected parties, either directly or through the Standards Consultative Committee. The parties have had the opportunity to comment on it and have agreed to the amendments.
The Office of Regulation Review does not require a Regulation Impact Statement as the amendments are of a minor or machinery nature.
The instrument comes into effect on the day after it is registered.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Order 95.4 Amendment Order (No. 1) 2006]
Overview
The Civil Aviation Order 95.4 Amendment Order (No. 1) 2006 was enacted to address specific concerns raised by the Gliding Federation of Australia (GFA) regarding flight operations for gliders, powered sailplanes, and power-assisted sailplanes. This amendment was introduced under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. The Civil Aviation Regulations 1988 further authorise the Civil Aviation Safety Authority (CASA) to issue directions, notifications, and approvals through Civil Aviation Orders (CAOs). This particular amendment seeks to update and refine the regulatory framework for certain flight operations by allowing flights to be conducted below 500 feet above ground level when approaching an intended landing place, provided the operations comply with the GFA Operational Regulations. The legislative instrument, which is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, has been developed following consultations with affected parties and does not require a Regulation Impact Statement due to its minor nature.
Scope and Application
Civil Aviation Order 95.4 Amendment Order (No. 1) 2006 amends the Civil Aviation Order 95.4 (CAO 95.4), which applies to gliders, powered sailplanes and power-assisted sailplanes used for sporting and recreational purposes or practical flight instructions as per the Gliding Federation of Australia (GFA) Operational Regulations. This amendment is a response to a request from the GFA and allows for flights to be conducted below 500 feet above the ground when approaching their intended landing place, provided the flight adheres to the procedures outlined in the GFA Operational Regulations. This legislative change is made under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. The Civil Aviation Safety Authority (CASA) retains the ability to exempt specific aircraft or persons associated with their operation from compliance with certain provisions of the Civil Aviation Regulations 1988, as per subregulation 308(1). The amendment also updates the definition of the GFA to reflect its accurate description. The amendment is a legislative instrument subject to tabling and disallowance in the Parliament, as per the Legislative Instruments Act 2003. Although formal consultation is not mandated due to the minor nature of the amendments, CASA has engaged with the affected parties, allowing them the opportunity to comment on the proposed changes.
Key Provisions
The main operative sections of the Civil Aviation Order 95.4 Amendment Order (No. 1) 2006 focus on modifying the Civil Aviation Order 95.4 (CAO 95.4) to update and clarify certain provisions related to gliders, powered sailplanes, and power-assisted sailplanes used for sporting and recreational purposes or practical flight instructions. Section 1 of the Amendment Order amends CAO 95.4 to permit flights below 500 feet above the ground when approaching the intended landing place, provided the flight adheres to the procedures outlined in the Gliding Federation of Australia (GFA) Operational Regulations. Section 2 updates the definition of the GFA to reflect its correct description. These changes are intended to align the regulations more closely with current practices and ensure safety.
The Civil Aviation Order 95.4 Amendment Order imposes specific obligations on the parties it governs, including glider operators and pilots. These parties must now comply with the updated flight procedures specified in the GFA Operational Regulations when conducting flights below 500 feet above the ground. Additionally, the GFA is required to ensure that its operational regulations are current and effectively communicate any procedural changes to its members. This includes ensuring that all pilots are adequately trained and aware of the new requirements to maintain safety standards.
Breach of the Civil Aviation Regulations 1988 (CAR 1988) or the amended CAO 95.4 may result in various consequences, including both civil and criminal penalties. Under CAR 1988, non-compliance with safety regulations can lead to fines, suspension or revocation of pilot licenses, and other administrative actions. In more serious cases, violations may be prosecuted under the Civil Aviation Act 1988, leading to criminal charges and potential imprisonment. The maximum penalties for such offences can vary, but they may include substantial fines and imprisonment for up to two years for individuals, and greater penalties for corporations, depending on the severity of the breach and its impact on aviation safety.