Federal Register of Legislation - Australian Government

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R69/2004 Orders/Civil Aviation as made
Replacement of section 95.19 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 23 Feb 2005
Tabling HistoryDate
Tabled HR10-Feb-2005
Tabled Senate10-Feb-2005
Gazetted 23 Dec 2004
Table of contents.

EXPLANATORY STATEMENT

 

CIVIL AVIATION REGULATIONS 1988

                                               

CIVIL AVIATION ORDERS

 

REVOCATION AND REPLACEMENT OF SECTION 95.19

 

EXEMPTION FROM PROVISIONS OF THE CIVIL AVIATION REGULATIONS 1988 — F/A-18

 

Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) may, among other things, exempt an aircraft from compliance with specified provisions of car 1988.  Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety. 

 

Section 95.19 of the Civil Aviation Orders contained exemptions from provisions of CAR 1988. The exemptions applied to F/A 18 aircraft while it undergoes production and acceptance testing to confirm that the aircraft meets United States Navy and RAAF requirements.

 

The exemptions permitted the aircraft to be flown without compliance with certain Parts and provisions of CAR 1988 which were not considered applicable to flights for testing purposes before acceptance by the RAAF.  The section contained conditions, requiring that the flight crew and the aircraft meet certain standards for safety purposes.

 

This Order revokes and remakes section 95.19.  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  However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.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 of government 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. R69) 2004]