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 2015 (No. 1) (the CAO amendment) is given.

 

The purpose of the CAO amendment is to delay for 12 months, from 30 April 2016 until 1 May 2017, the full implementation of CAO 48.1 Instrument 2013 (new CAO 48.1).

 

New CAO 48.1 provides Air Operator Certificate holders (AOC holders) and flight crew members (FCMs) with a comprehensive regulatory framework for the more effective management of fatigue risk in aviation operations.

 

Under new CAO 48.1, and subject to transitional arrangements, from 30 April 2013, for first-time AOC holders and their FCMs, this new framework replaced the previous rules for flight and duty time limitations contained in Part 48 of the Civil Aviation Orders.

 

The CAO amendment was made on 16 November 2015 and commences on 24 November 2015, after registration on the Federal Register of Legislative Instruments (FRLI), FRLI number F2015L01829.

 

Under subregulation 215 (3) of CAR 1988, CASA may give certain operations manual directions. New CAO 48.1 contains operations manual directions. Under subregulation 215 (4), a direction is not binding on a person unless it has been served on that person.

 

Under subregulation 5 (3), a direction that is issued in Civil Aviation Orders 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.

[Signed Adam Anastasi]

Adam Anastasi
General Counsel and
Executive Manager
Legal Services Division
CIVIL AVIATION SAFETY AUTHORITY

 

23 November 2015