Federal Register of Legislation - Australian Government

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R11/2004 Orders/Civil Aviation as made
Replacement of section 20.10 of the Civil Aviation Orders
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
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 20.10

 

HOT REFUELLING — HELICOPTERS

 

Subregulation 235 (7) of the Civil Aviation Regulations 1988 provides that the Civil Aviation Safety Authority (CASA) may, for the purpose of ensuring the safety of air navigation, give directions with respect to the method of loading persons and goods, including fuel, on aircraft.

 

Section 20.10 of the Civil Aviation Orders contained directions relating to the hot refuelling of helicopters (refuelling with its engine or engines running). The section set out the responsibilities of the operator and the pilot in command. The operator had to be satisfied that the helicopter configuration permitted hot refuelling and had to set out appropriate procedures in the operations manual.

 

The pilot in command had to ensure that the hot refuelling was carried out in accordance with section 20.10 and the prescribed procedures.

 

This Order revokes and remakes section 20.10.  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  However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.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. R11) 2004]