EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 226
Issued by the Authority of the Minister for Transport and Regional Services
Civil Aviation Act 1988
Civil Aviation Safety Amendment Regulations 2007 (No. 3)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides in part, that the Governor‑General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Subsection 9(1) of the Act specifies that the Civil Aviation Safety Authority (CASA) has the function of conducting safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise safety standards and issuing certificates, licences, registrations and permits.
The Civil Aviation Regulations (CAR) and the Civil Aviation Orders (CAO) detail the requirements in support of the Act and promote safety of air navigation. Since 1998, matters covered by the CAR and CAO are progressively being consolidated in the Civil Aviation Safety Regulations 1998 (CASR).
The Regulations clarify the application of the CASR to gyroplanes.
Regulation 308 of the CAR allows CASA to exempt certain aircraft or classes of aircraft from certain provisions of CAR by issuing a CAO. Part 200 of the CASR contains regulations which exempt aircraft from certain provisions of CASR.
Section 95.12 of the CAO currently exempts certain single-place gyroplanes from certain provisions of CAR. Section 95.12 was amended in June 2005 to remove an arbitrary limitation on fuel capacity for these aircraft.
The CASR exemptions are contained in Part 200. CASR 200.003 was initiated to exempt these same aircraft from the provisions of CASR on the condition that they are operated in accordance with the conditions in CAO 95.12. However, unlike some other regulations in CASR Part 200, 200.003 currently repeats a detailed description of the exempted gyroplanes as it originally occurred in CAO 95.12. This has created inconsistencies between the CAO and CASR which could arise again on future amendment of the CAO.
Consultation on the proposed amendments was conducted directly with the CASA/Aviation community advisory committee, Standards Consultative Committee (SCC), and the membership of the various organisations/operators through the SCC, as it was considered that this form of consultation was suitable and sufficient for the amendments being proposed.
The Regulations create a direct link between CASR 200.003 and CAO 95.12, so that the exemption from the CASR continues to apply to the same aircraft as the exemption from the CAR.
The Regulations commenced on the day after they are registered.
Details of the Regulations are attached.
ATTACHMENT
Details of the Civil Aviation Safety Amendment Regulations 2007 (No. 3)
Regulation 1 - Name of Regulations
Regulation 1 sets out the name of the Regulations as the Civil Aviation Safety Amendment Regulations 2007 (No. 3).
Regulation 2 - Commencement
Regulation 2 provides that the Regulations commence on the day after registration.
Regulation 3 - Amendment of Civil Aviation Safety Regulations 1998
Regulation 3 provides that Schedule 1 amends the Civil Aviation Safety Regulations 1998.
SCHEDULE 1 - Amendments
Item 1 - Regulation 200.003
Item 1 amends regulation 200.003 by omitting the existing regulation and substituting a new regulation 200.003 that refers to the related Civil Aviation Order (CAO) 95.12, which excepts certain single-place gyroplanes from certain provisions of the Civil Aviation Regulations 1988 (CAR), and adopts the drafting style of related regulations 200.004, 200.013 and 200.014.
This will reinforce the relationship between the CAO and the CASR, thus providing exemptions from the CAR and the CASR for the same particular class of aircraft that are defined by the CAO.
Overview
The Civil Aviation Safety Amendment Regulations 2007 (No. 3) were enacted to address inconsistencies between the Civil Aviation Orders (CAO) and the Civil Aviation Safety Regulations (CASR) in relation to exemptions for certain single-place gyroplanes. These Regulations were introduced under the authority of the Civil Aviation Act 1988 and are intended to streamline the regulatory framework for gyroplanes by aligning the CASR with the CAO. The policy objective behind these amendments is to ensure that the safety standards and exemptions applied to gyroplanes are consistent across the regulatory framework, thus promoting uniformity and reducing potential confusion among operators. The Regulations were developed following consultation with relevant stakeholders, including the Standards Consultative Committee, to ensure that the changes were appropriate and effective in addressing the identified issues.
Scope and Application
The Civil Aviation Safety Amendment Regulations 2007 (No. 3) amends the Civil Aviation Safety Regulations 1998 (CASR) to clarify the application of the CASR to gyroplanes. Specifically, Regulation 200.003 under the CASR is amended to remove inconsistencies that existed between the CASR and Civil Aviation Orders (CAO) by creating a direct link between CASR 200.003 and CAO 95.12. This amendment ensures that exemptions from the Civil Aviation Regulations 1988 (CAR) and CASR apply to the same class of aircraft, namely certain single-place gyroplanes, as defined by CAO 95.12. The Regulations apply to all entities and persons involved in civil aviation operations in Australia, ensuring that safety standards are consistently applied across all aviation activities. The Regulations commenced on the day after they were registered and extend across the Commonwealth of Australia, reinforcing the comprehensive safety regulation framework for civil aviation.
Key Provisions
The Civil Aviation Safety Amendment Regulations 2007 (No. 3) primarily target the amendment of regulation 200.003 under the Civil Aviation Safety Regulations 1998 (CASR). Regulation 200.003 (CASR 200.003) pertains to the exemption of certain single-place gyroplanes from specific provisions of the Civil Aviation Regulations 1988 (CAR). The key amendment is the removal of the detailed description of the exempted gyroplanes from CASR 200.003 and instead, the regulation now refers to Civil Aviation Order (CAO) 95.12, which already details these aircraft (Item 1). This change is intended to align CASR 200.003 with CAO 95.12, thereby ensuring that both regulations apply exemptions consistently to the same class of aircraft.
The Civil Aviation Safety Amendment Regulations 2007 (No. 3) impose specific obligations on the Civil Aviation Safety Authority (CASA) and operators of single-place gyroplanes. CASA is responsible for ensuring that the regulations are implemented and enforced correctly. This includes verifying that any exemptions granted to certain single-place gyroplanes are consistent with both the CAR and CASR, as amended by these Regulations. Operators of the affected gyroplanes must ensure that their aircraft comply with the terms of the exemption as defined in CAO 95.12 and any other relevant provisions of the CAR and CASR.
Breaches of the Civil Aviation Safety Amendment Regulations 2000 (No. 3) or non-compliance with the conditions of the exemptions granted under CAO 95.12 can result in serious consequences. Offences under the Civil Aviation Act 1988 can lead to civil penalties, including fines. For instance, under section 42 of the Act, CASA may impose a penalty of up to $22,200 for each day an offence continues, or a maximum of $1,110,000 for a single offence if it persists. In addition to civil penalties, operators and CASA officers may also face criminal charges, which can result in imprisonment, depending on the severity of the breach. The specific penalties are subject to the nature and extent of the violation, and the court has the discretion to impose appropriate fines and sentences.