Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 95.7 Amendment Order (No. 2) 2010
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) may, among other things, exempt an aircraft from compliance with specified provisions of CAR 1988. Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety.
Civil Aviation Order (CAO) 95.7 contained exemptions from provisions of CAR 1988. The exemptions applied only to helicopters used in water rescue operations in respect of exemptions from regulation 151 and subregulations 250 (1) and 251 (1). These exemptions allowed persons and objects to be picked up by an aircraft in flight (regulation 151) and persons to be carried on the undercarriage (subregulation 250 (1)) and persons to be able to not wear a seat belt (subregulation 251 (1)). The last exemption applied only to water rescue personnel.
The other exemptions were from paragraph 157 (1) (b) and subregulation 163 (1) of CAR 1988 and applied to helicopters hovering, air transiting, air taxiing or ground taxiing. These exemptions allowed helicopters in the course of such activities (which are defined) to proceed below what would otherwise be the minimum height and to fly an aircraft closer to another aircraft than would otherwise be permitted.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. 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 exemption 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
Consultation under section 17 of the LIA has not been undertaken in this case. CASA has issued a number of instruments for many operators for firefighting, search and rescue and emergency medical services. The instrument is to issue a general exemption for all operators undertaking special operations.
Office of Best Practice Regulation (OBPR)
The OBPR does not require preparation of a Regulatory Impact Statement in this case because a preliminary assessment of the Business Compliance Costs indicates that the amendment will have only a low impact on business (OBPR exemption – 11586).
Commencement and making
The CAO Amendment commences on the day after it is registered. It 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 95.7 Amendment Order (No. 2) 2010]