EXPLANATORY STATEMENT

CIVIL AVIATION SAFETY REGULATIONS 1998

CIVIL AVIATION ORDERS

REVOCATION AND REPLACEMENT OF SECTION 101.54

AIRWORTHINESS CERTIFICATION REQUIREMENTS — MANNED FREE BALLOONS

Regulation 31.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that the airworthiness standards for manned free balloons are the airworthiness certification requirements set out in section 101.54 of the Civil Aviation Orders (the Orders), as in force from time to time. 

Section 101.54 of the Orders set out design standards for manned free balloons.  The standards covered a wide range of issues in relation to performance, system design and procedures.

This section revokes and remakes section 101.54.  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  However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.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. R93) 2004]