NOTICE OF MAKING OF CIVIL AVIATION ORDER 48.1 AMENDMENT INSTRUMENT 2016 (No. 1)
Notification under subregulation 5 (3) of the Civil Aviation Regulations 1988
For subregulation 5 (3) of the Civil Aviation Regulations 1988 (CAR 1988), notice of the making of Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 1) (the CAO amendment) is given.
The CAO amendment revises and refines Civil Aviation Order 48.1 Instrument 2013 (the new CAO 48.1) in light of feedback received by CASA from the aviation industry on the implications and effects of new CAO 48.1 since its introduction in 2013. Also, 3 new appendices are added to new CAO 48.1: Appendix 4A for balloon operations, 4B for medical transport operations and emergency service operations, and 5A for daylight aerial work operations and flight training associated with aerial work. The availability of appendices for particular operations is also modified.
Sections 1, 2, and 4 of the CAO amendment commence on the day after registration, bringing the instrument into legal existence. However, section 3, effectuating the amendments, does not commence until 1 May 2017. Despite this, section 4, a transitional provision enabling voluntary early opt-in to the amendments, takes effect for a relevant person so opting-in, on the date the person specifies to CASA.
The CAO contains various CASA directions about material to be included in relevant operations manuals. Under subregulation 215 (3) of CAR 1988, CASA may give a direction to an operator requiring it to include particular information, procedures and instructions in its operations manual; or requiring it to revise or vary the information, procedures and instructions contained in its operations manual. Under subregulation 215 (4), a direction does not have effect until it is served on the operator.
Under subregulation 5 (3) of CAR 1988, a direction that is issued in a Civil Aviation Order is taken to have been served on a person to whom the direction relates on the day on which notice of the making of the Order is notified in the Gazette. This Notice constitutes such notification of the making of Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 1).
[Signed Jonathan Aleck]
Dr Jonathan Aleck
General Manager
Legal Affairs, Regulatory Policy and International Strategy Branch
Civil Aviation Safety Authority
22 July 2016
Overview
The Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 1) was enacted in 2016, with the primary purpose of revising and refining the Civil Aviation Order 48.1 Instrument 2013, in response to feedback received from the aviation industry regarding the implications and effects of the 2013 order. This amendment was made by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Regulations 1988 (CAR 1988). The policy objective of the CAO amendment is to ensure the safety of aviation operations by updating the order to address any issues that have arisen since its introduction in 2013. Additionally, three new appendices were added to the order, specifically for balloon operations, medical transport and emergency service operations, and daylight aerial work operations and flight training associated with aerial work. The availability of these appendices for particular operations has also been modified. The CAO amendment came into legal existence on the day after registration, but the effectuating section only commenced on 1 May 2017, while a transitional provision for voluntary early opt-in to the amendments took effect on the date specified by the relevant person.
Scope and Application
The Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 1) pertains to the aviation industry in Australia and is aimed at refining and updating the requirements set out in Civil Aviation Order 48.1, which was introduced in 2013. This amendment applies to all operators subject to the Civil Aviation Regulations 1988, including airlines, aircraft operators, and other entities involved in civil aviation activities. The amendments and new appendices included in the order are designed to address feedback received from industry stakeholders and ensure that safety and operational standards are met. The new appendices specifically cater to balloon operations, medical transport operations, emergency service operations, and daylight aerial work operations and flight training associated with aerial work. The legislative changes will take effect on different dates: sections 1, 2, and 4 will come into force on the day after registration, while section 3, which enacts the amendments, will commence on 1 May 2017. However, section 4 allows for a voluntary early opt-in to the amendments for relevant persons, taking effect on the date specified by the person to the Civil Aviation Safety Authority (CASA). This amendment underscores CASA's commitment to continuously improving aviation safety and operational standards through regulatory refinements.
Key Provisions
The main operative sections of the Civil Aviation Order 48.1 Amendment Instrument 2016 (No. 1) (CAO amendment) are Sections 1, 2, and 4, which come into effect on the day after the instrument is registered. Section 1 provides for the making of the CAO amendment, Section 2 outlines the amendments to Civil Aviation Order 48.1, and Section 4 introduces a transitional provision enabling voluntary early opt-in to the amendments for relevant persons. Section 3, which actualises the amendments, is scheduled to commence on 1 May 2017. The CAO amendment introduces new appendices to the Civil Aviation Order 48.1, specifically Appendix 4A for balloon operations, Appendix 4B for medical transport and emergency service operations, and Appendix 5A for daylight aerial work operations and flight training associated with aerial work. Additionally, the availability of these appendices for specific operations is modified.
The obligations imposed by the CAO amendment primarily concern operators within the aviation industry who must comply with the new requirements outlined in the amended Civil Aviation Order 48.1. Operators are required to ensure that their operations manuals include the material specified by the Civil Aviation Safety Authority (CASA) and to revise or vary their manuals as necessary to comply with the amended CAO 48.1. This includes incorporating the new appendices for balloon operations, medical transport and emergency service operations, and daylight aerial work operations and flight training associated with aerial work. Operators also have the option to voluntarily opt-in to the amendments earlier than the scheduled commencement date of 1 May 2017, provided they notify CASA of their intention and the specified date for opting-in.
The CAO amendment does not explicitly state any specific offences, penalties, or consequences for non-compliance with the amended Civil Aviation Order 48.1. However, non-compliance with directions issued under the Civil Aviation Act 1988 and Civil Aviation Regulations 1988 may result in enforcement actions by CASA, including fines, enforcement notices, and other regulatory measures. The specific penalties for non-compliance would depend on the nature and severity of the breach, as well as any applicable provisions in the Civil Aviation Act 1988 or Civil Aviation Regulations 1988. CASA may also take legal action against operators who fail to comply with the amended CAO 48.1, which could result in additional penalties and consequences.