Notice of Making of Civil Aviation Order 48.1 Amendment Instrument 2013 (No. 1)

Overview

The Civil Aviation Order 48.1 Amendment Instrument 2013 (No. 1) was introduced to correct a technical inconsistency within the Civil Aviation Order 48.1 Instrument 2013. This amendment was enacted to align the references of dates within the Civil Aviation Order with those specified in the Civil Aviation Legislation Amendment (Flight Crew Licensing Suite) Regulation 2013. The purpose of this amendment was to ensure uniformity across various regulatory texts following the change in the commencement date of certain regulations. The amendment, which was made on 19 December 2013, became effective on 25 December 2013, after being registered on the Federal Register of Legislative Instruments. This amendment was issued under the authority of the Civil Aviation Regulations 1988 and was published in the Gazette to notify relevant parties of its enactment and commencement. The Civil Aviation Order 48.1 Amendment Instrument 2013 (No. 1) was introduced by the Civil Aviation Safety Authority, acting under the authority granted by subregulation 5(3) of the Civil Aviation Regulations 1988. The objective of this amendment was to rectify the references to dates in the Civil Aviation Order 48.1 Instrument 2013 to reflect the new commencement date of the Civil Aviation Legislation Amendment Regulation 2013 (No. 1). This change was necessary to maintain consistency across related legislative instruments. The amendment was made on 19 December 2013 and commenced on 25 December 2013, following its registration on the Federal Register of Legislative Instruments, ensuring that all relevant stakeholders were properly informed of the changes.

Scope and Application

This Civil Aviation Order (CAO) amendment, specifically the Civil Aviation Order 48.1 Amendment Instrument 2013 (No. 1), pertains to the technical modification of certain dates in Civil Aviation Order 48.1 Instrument 2013. This amendment is necessitated by the Civil Aviation Legislation Amendment (Flight Crew Licensing Suite) Regulation 2013, which altered specific dates from "4 December 2013" to "1 September 2014". The CAO amendment was enacted to ensure consistency within the legislative framework and was made on 19 December 2013, commencing on 25 December 2013 following its registration on the Federal Register of Legislative Instruments (FRLI). This amendment applies to all entities and individuals subject to the Civil Aviation Order 48.1, predominantly those within the civil aviation industry including flight crew, aircraft operators, and related stakeholders. The amendment’s reach is national, as it is issued under the Civil Aviation Regulations 1988, which govern the Commonwealth of Australia. The amendment does not specify any exclusions or exemptions, and its application is comprehensive across the relevant sectors unless otherwise detailed in subordinate instruments.

Key Provisions

The main operative sections of the Civil Aviation Order 48.1 Amendment Instrument 2013 (No. 1) involve making technical amendments to the Civil Aviation Order 48.1 Instrument 2013. Specifically, it removes three references to the date “4 December 2013” and replaces them with “1 September 2014” (s. 1). This amendment is a response to the Civil Aviation Legislation Amendment (Flight Crew Licensing Suite) Regulation 2013, which changed the commencement date of certain regulations from 4 December 2013 to 1 September 2014. By making these changes, the CAO amendment seeks to maintain consistency across related legislative instruments. The obligations imposed by the CAO amendment require that any reference to the date “4 December 2013” within the Civil Aviation Order 48.1 Instrument 2013 be updated to “1 September 2014” (s. 2). This ensures that all related legislative instruments align with the new commencement date established by the Civil Aviation Legislation Amendment Regulation 2013 (No. 1). The amendment also reiterates that any direction issued in Civil Aviation Orders is considered served on the relevant person from the day notice of the Order is given in the Gazette (s. 3). Any breach of the CAO amendment could potentially lead to non-compliance with the Civil Aviation Regulations 1988 (CAR 1988) (s. 4). While the document does not explicitly state penalties for non-compliance, it is reasonable to infer that such breaches could lead to enforcement actions under the relevant civil aviation laws. These could include administrative penalties, enforcement actions, or other legal consequences as prescribed by the CAR 1988 or other applicable regulations. The precise penalties would depend on the nature and severity of the breach, and would be determined in accordance with the existing legislative framework. The CAO amendment was officially made on 19 December 2013 and commenced on 25 December 2013, following its registration on the Federal Register of Legislative Instruments (FRLI) (s. 5). This timeline ensures that the amendment takes effect promptly and aligns with the date change regulations, thereby maintaining regulatory coherence within the aviation sector. The notification of the CAO amendment in the Gazette serves to inform relevant parties of the changes and their effective date, thereby ensuring transparency and compliance with the legislative requirements.