Federal Register of Legislation - Australian Government

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R1/2004 Orders/Civil Aviation as made
Replacement of section 20.2 of the Civil Aviation Orders
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 22 Feb 2005
Tabling HistoryDate
Tabled HR10-Feb-2005
Tabled Senate10-Feb-2005
Gazetted 08 Dec 2004

EXPLANATORY STATEMENT

 

CIVIL AVIATION REGULATIONS 1988

 

CIVIL AVIATION ORDERS

 

REVOCATION AND REPLACEMENT OF SECTION 20.2

 

AIR SERVICE OPERATIONS

SAFETY PRECAUTIONS BEFORE FLIGHT

 

Subregulation 244 (2) of the Civil Aviation Regulations 1988 (CAR 1988) permits the giving of such directions as the Civil Aviation Safety Authority (CASA) considers necessary in respect of the duties and responsibilities of the pilot in command and other persons for tests, checks and other precautions before the despatch of an aircraft on any flight.

 

In accordance with subregulation 244 (2) of CAR 1988, section 20.2 of the Civil Aviation Orders contained requirements relating to the removal of locking and safety devices and ensuring the security of doors and hatches. It also contained requirements relating to checking dual controls before a solo flight and fuel inspections and tests.

 

This Order revokes and remakes section 20.2.  This has been done as part of a scheme to review the Civil Aviation Orders, and, in particular, to ensure that they are in a position to meet the technical requirements of the Legislative Instruments Act 2003 when it comes into effect on 1 January 2005.  The remake does not involve any changes in existing law or policy in the Order.  The Order is being remade solely for the purpose of ensuring compliance and consistency with the Legislative Instruments Act 2003 when it commences on 1 January 2005.  However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.

 

The Office of Regulation Review has stated that a Regulation Impact Statement is not necessary because the remake is of a minor or machinery nature.

 

The Order has been issued by the Director of Aviation Safety in accordance with subsection 84A (2) of the Civil Aviation Act 1988.

 

The Order came into effect on gazettal.

 

[Civil Aviation Amendment Order (No. R1) 2004]