Civil Aviation Order 95.7 Amendment Order (No. 1) 2007

Overview

The Civil Aviation Order 95.7 Amendment Order (No. 1) 2007 was introduced to address the problem of outdated design standards for rescue harnesses used in water rescue operations by helicopters, as specified in Civil Aviation Order 103.31, which has since been revoked. This Amendment Order was made under subsection 98(1) of the Civil Aviation Act 1988, allowing the Governor-General to make regulations for the Act and the safety of air navigation. The primary policy objective of this amendment is to ensure that all rescue harnesses used in water rescue operations by helicopters meet the current safety standards approved by the Civil Aviation Safety Authority (CASA). This legislative instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, although consultation under section 17 of that Act was not undertaken due to the minor nature of the amendment. The Office of Best Practice Regulation has assessed that the amendment will have a low impact on business and therefore does not require a Regulation Impact Statement.

Scope and Application

The Civil Aviation Order 95.7 Amendment Order (No. 1) 2007 amends the Civil Aviation Order 95.7, which pertains to the operational standards for helicopters used in water rescue operations. This amendment applies to any person or entity operating helicopters in water rescue operations within Australia. The amendment removes the previous requirement for rescue harness equipment to comply with the now-revoked Civil Aviation Order 103.31, and instead mandates that such equipment must meet the standards approved by the Civil Aviation Safety Authority (CASA). This change ensures that rescue harness equipment remains current and complies with the most recent safety standards set by CASA. The amendment is made under the authority provided by the Civil Aviation Act 1988 and is subject to the legislative processes outlined in the Legislative Instruments Act 2003, including tabling and potential disallowance in the Parliament. Given the minor nature of this amendment, consultation under the Office of Best Practice Regulation was deemed unnecessary, and a Regulation Impact Statement was not required as the expected impact on business compliance costs is low.

Key Provisions

The Civil Aviation Act 1988 (the Act) allows the Governor-General to make regulations for the Act and the safety of air navigation. Specifically, under section 98(1), the Governor-General can issue regulations that govern various aspects of civil aviation. The Civil Aviation Regulations 1988 under subregulation 207(2) mandate that an Australian aircraft cannot be used in a class of operations unless it is equipped with CASA-approved instruments and equipment, including emergency equipment. Further, under paragraph 2.2 of Civil Aviation Order 95.7, helicopters engaged in water rescue operations must be equipped with rescue harnesses that comply with CASA-approved standards. Previously, these standards were outlined in Civil Aviation Order 103.31 (CAO 103.31), which has now been revoked due to its outdated design standards. The Amendment Order replaces references to CAO 103.31 with references to current CASA-approved standards. The Amendment Order is a legislative instrument, as it is declared to be a disallowable instrument under the Legislative Instruments Act 2003 (LIA). It is subject to tabling and disallowance in the Parliament, as per sections 38 and 42 of the LIA. Although the Amendment Order is a legislative instrument, consultation under section 17 of the LIA was not undertaken because the amendment is considered minor or of a machinery nature. Moreover, the Office of Best Practice Regulation (OBPR) has determined that a Regulation Impact Statement is not required, as the amendment is expected to have a low impact on business compliance costs. Breaching the provisions of the Civil Aviation Regulations 1988 or the Civil Aviation Order 95.7 can result in various penalties. Under section 134 of the Act, a person who contravenes the regulations may be liable to a penalty, the amount of which is determined by the courts. Additionally, section 135 of the Act outlines that a person who knowingly contravenes certain provisions of the Act may face fines of up to $16,500 for an individual and $82,500 for a body corporate, as per section 12AB of the Criminal Code Act 1995. These penalties underscore the importance of compliance with aviation safety regulations.