Federal Register of Legislation - Australian Government

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R5/2004 Orders/Civil Aviation as made
Replacement of section 20.7.0 of the Civil Aviation Orders
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 21 Feb 2005
Tabling HistoryDate
Tabled HR10-Feb-2005
Tabled Senate10-Feb-2005
Gazetted 08 Dec 2004
Date of repeal 02 Dec 2021
Repealed by Other
Repealing Comments Enabling provision repealed and substituted by Schedule 1, item 42 of the Civil Aviation Legislation Amendment (Flight Operations—Consequential Amendments and Transitional Provisions) Regulations 2021 on 2 December 2021.

EXPLANATORY STATEMENT

 

CIVIL AVIATION REGULATIONS 1988

 

CIVIL AVIATION ORDERS

 

REVOCATION AND REPLACEMENT OF SECTION 20.7.0

 

AEROPLANE WEIGHT LIMITATIONS — GENERAL

 

Subregulation 235 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that the Civil Aviation Safety Authority (CASA) may give directions setting out the manner of determining a maximum weight for an aircraft, in respect of a proposed flight, which the gross weight of the aircraft must not exceed at take-off or landing.

 

Under subregulation 235 (2) of CAR 1988, section 20.7.0 of the Civil Aviation Orders contained declared density altitude charts for use when the weights of aircraft engaged in the specified operations have to be determined by reference to declared conditions (conditions that CASA has declared to be acceptable for a particular aerodrome for the purpose of determining weight limitations for take-off or for landing).

 

This Order revokes and remakes section 20.7.0.  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  However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.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. R5) 2004]