Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Order 95.8 Amendment Order (No. 2) 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.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (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.
The Amendment Order is made to correct some unintended consequences of the 1997 amendment of the Order. The Order exempts a person associated with the flying of a hang glider from the requirements of CAR 156. At the same time, it does not allow a person to fly a hang glider at any regatta, race meeting or public meeting, which is what regulation 156 regulates. This makes it difficult for persons flying hang gliders to participate in public displays or to invite members of the public to such displays. The Amendment Order removes the exemption from CAR 156 and the prohibition on hang gliders flying at public gatherings. This will restore CASA’s ability to vary flight conditions for hang gliders in accordance with regulation 156 and provide the same operating conditions as for other sport and recreation aircraft.
The Amendment Order also makes it possible to fly a hang glider without complying with the flight conditions in paragraph 4.7 of Civil Aviation Order 95.8 if an application is made to CASA in accordance with the new paragraph 5.1 and is approved. It also updates paragraph 3.1 of the Order to remove reference to Part 3 of CAR 1988, which has been repealed.
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. Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. 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 amendments are of a minor or machinery nature.
For the same reason, 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, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Order 95.8 Amendment Order (No. 2) 2006]