Explanatory Statement
Civil Aviation Safety Regulations 1998
Civil Aviation Order 95.57 Instrument 2008
Legislation
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) provides 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 (CAOs) are 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 has entered into a contract with the Spanish Branch of the European Aeronautic Defence and Space Company (EADS CASA) for the conversion of 4 Airbus A330 aircraft into multi-role transport tanker (MRTT) aircraft. These aircraft are being modified by Qantas Airways Limited at their Brisbane airport facilities. In accordance with CAR 1988, therefore, the aircraft are military aircraft to which regulation 200.010 of CASR 1998 may apply.
In accordance with regulation 200.010, Civil Aviation Order 95.57 has been made to set out the conditions with which the aircraft must comply if they are to be exempt from CAR 1988 and CASR 1998 while undergoing flight testing.
Under the conditions, EADS CASA must exercise authorisation and control of flight testing of the EADS CASA Airbus A330 MRTT aircraft to the extent necessary to ensure that the aircraft are airworthy. The ADF must exercise authorisation and control of the flight testing necessary to ensure that the aircrew of the EADS CASA Airbus A330 MRTT aircraft have appropriate ratings, medical classification and flying experience to the extent necessary and in accordance with military standards. Before beginning flight testing, EADS CASA personnel must conduct an inspection of the aircraft to determine whether the aircraft complies with the design standard and is suitable for flight testing. Before beginning flight testing, the ADF must ensure that all ADF pilots conducting tests are properly authorised to do so. Production flight testing must be conducted in accordance with the applicable publication issued by EADS CASA. Acceptance flight testing must be conducted in accordance with:
(a) the applicable publications issued by EADS CASA; and
(b) the aircraft operating limitations issued from time to time by EADS CASA; and
(c) the applicable flight manual and airworthiness directives issued by the ADF.
Legislative Instruments Act
Under subsection 98 (5) of the Act, where the regulations provide for certain instruments to be issued in the form of CAOs, such CAOs are declared to be disallowable instruments. 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. The 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
This is the result of discussions held between CASA, the ADF, the PA5402 Engineering Team and EADS on 13 March 2008.
Office of Best Practice Regulation
The Office of Best Practice Regulation does not require a Regulation Impact Statement because a preliminary assessment of the Business Compliance Costs indicates that the Order will have nil to low impact on business compliance costs and other impact on business and individuals (including restrictions on competition) also appears negligible.
The Order commences on the day after it is registered.
The Order 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 95.57 Instrument 2008]