Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 95.54 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 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.
Under subregulation 308 (3), the exemptions may be granted subject to conditions. A condition that is imposed on the majority of sports aviation aircraft is that they are not allowed to be flown inside controlled airspace. ICAO definition of controlled airspace includes Class E airspace. However, Class E airspace is different from other classes of controlled airspace in that control is only exercised over aircraft that are operating to the Instrument Flight Rules, so that no A.T.C. clearance is required for an aircraft to operate under the Visual Flight Rules in visual meteorological conditions. The amendment is to allow sport and recreational aircraft operations under V.F.R. to be flown in Class E airspace in V.M.C.
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
Consultations under section 17 of the LIA have not been undertaken as the amendment is minor and of a machinery nature.
For the same reason, the Office of Regulation Review does not require a Regulation Impact Statement as the amendment is minor and of a machinery nature.
The instrument commences 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 95.54 Amendment Order (No. 1) 2006]
Overview
The Civil Aviation Order 95.54 Amendment Order (No. 1) 2006 was enacted to address a specific gap in the Civil Aviation Regulations 1988, particularly concerning the operation of sport and recreational aircraft within Class E airspace. This legislation was introduced by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), operating under the authority granted by the Civil Aviation Act 1988. The Act empowers the Governor-General to make regulations for the safety of air navigation, and the Civil Aviation Order 95.54 Amendment Order (No. 1) 2006 amends the existing regulations to allow sport and recreational aircraft to operate under Visual Flight Rules in Class E airspace, provided they are flown in Visual Meteorological Conditions. The primary policy objective is to enhance the flexibility and safety of sport and recreational aviation operations by refining the conditions under which these aircraft can operate in controlled airspace.
Scope and Application
The Civil Aviation Order 95.54 Amendment Order (No. 1) 2006 applies to sport and recreational aircraft operations under Visual Flight Rules (VFR) within Class E airspace in Visual Meteorological Conditions (VMC). This amendment arises under the authority granted by the Civil Aviation Act 1988, specifically through Regulation 5 of the Civil Aviation Regulations 1988, which allows the Civil Aviation Safety Authority (CASA) to issue directions, notifications, permissions, approvals, or authorities in Civil Aviation Orders. The Act applies to the persons and entities involved in the operation of sport and recreational aircraft, particularly those who may seek exemptions from the existing provisions of the Civil Aviation Regulations 1988. The geographic and jurisdictional reach of this amendment is limited to Australia, as it pertains to the operation of aircraft within Australian airspace and is subject to the Australian regulatory framework. The amendment allows for exemptions from the existing restrictions on flying sport and recreational aircraft within Class E airspace, provided that the operations are conducted under VFR and VMC, and any imposed conditions are adhered to. The amendment is a legislative instrument under the Legislative Instruments Act 2003 and is subject to the disallowance process in the Parliament. The amendment is of a minor and machinery nature, and no consultations or a Regulation Impact Statement were required.
Key Provisions
The main operative sections of the Civil Aviation Order 95.54 Amendment Order (No. 1) 2006 pertain to the regulation of sport and recreational aircraft operations within Class E airspace. Specifically, section 98 of the Civil Aviation Act 1988 provides the authority for the Governor-General to make regulations in the interest of air navigation safety, while regulation 5 of the Civil Aviation Regulations 1988 (CAR 1988) empowers the Civil Aviation Safety Authority (CASA) to issue directions, notifications, permissions, approvals, or authorities through Civil Aviation Orders (CAOs). Under subregulation 308(1) of CAR 1988, CASA has the authority to exempt certain aircraft or persons from compliance with specified provisions of CAR 1988, subject to conditions outlined in subregulation 308(3). This amendment permits sport and recreational aircraft to operate under Visual Flight Rules (VFR) in Class E airspace in Visual Meteorological Conditions (VMC), provided that the aircraft are not flown inside controlled airspace.
The Civil Aviation Order 95.54 Amendment Order (No. 1) 2006 imposes specific obligations on the parties it governs. Primarily, it mandates that any sport and recreational aircraft operations within Class E airspace must comply with VFR and operate in VMC. This includes adhering to any conditions imposed by CASA to ensure continued safety and compliance with air navigation regulations. The amendment ensures that while these aircraft can now fly in Class E airspace, they must still comply with all other relevant provisions of CAR 1988 unless specifically exempted.
Any breach of the provisions set forth in the Civil Aviation Order 95.54 Amendment Order (No. 1) 2006 may result in civil or criminal consequences. While the explanatory statement does not specify particular offences, it is understood that non-compliance with air navigation regulations can lead to penalties as stipulated in the Civil Aviation Act 1988 and other relevant legislation. The maximum penalties for violations may include fines and, in severe cases, imprisonment, depending on the nature and severity of the breach. Furthermore, the amendment is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, which adds another layer of oversight and accountability.