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