Explanatory Statement
Civil Aviation Regulations 1988
Manual of Standards Part 60 Amendment (No. 1) 2008
Legislation
Section 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Some of these regulations are contained in the Civil Aviation Safety Regulations 1998 (CASR 1998). Part 60 of CASR 1998 deals with synthetic training devices that may be used by a person to gain aeronautical experience. Regulation 60.010 of CASR 1998 provides that CASA may publish a document called Manual of Standards (MOS) which sets out the technical standards relating to synthetic training devices. Both the United States of America Federal Aviation Administration (FAA) and European Joint Aviation Authorities (JAA) standards for flight simulation training devices, which are referred to in MOS Part 60, are being updated. The amendment is to bring MOS Part 60 into line with the updated FAA and JAA standards.
Legislative Instruments Act
Under subsections 98 (5A) and (5B) of the Act, MOS Part 60 was declared 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 MOS Amendment 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 was undertaken through the Standards Consultative Committee (SCC) process. The SCC members had no comments on the proposed amendments to MOS Part 60.
Regulation Impact Statement
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 MOS Amendment will have nil or low impact on business.
The MOS Amendment has been made by the Acting Director of Aviation Safety in accordance with subsection 84A (2) of the Act.
The instrument commences on 31 May 2008.
[Manual of Standards Part 60 Amendment (No. 1) 2008]