Federal Register of Legislation - Australian Government

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Civil Aviation Amendment Order (No. 8) 2004

Authoritative Version
  • - F2005B00955
  • No longer in force
Orders/Civil Aviation as made
Amendment of section 82.3 of the Civil Aviation Orders
Administered by: DOTARS
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 9
Registered 04 Mar 2005
Tabling HistoryDate
Tabled HR08-Feb-2005
Tabled Senate08-Feb-2005
Gazetted 23 Dec 2004
Date of repeal 19 Mar 2014
Repealed by Civil Aviation (Spent and Redundant Instruments) Repeal Regulation 2014

 

EXPLANATORY STATEMENT

 

SECTION 82.3 OF THE CIVIL AVIATION ORDERS

 

OPERATIONS UNDER THE VISUAL FLIGHT RULES BY SINGLE ENGINE AEROPLANES

 

Subsection 28BA (1) of the Civil Aviation Act 1988 (the Act) states that an Air Operator’s Certificate has effect subject to any conditions specified in the regulations or the Orders.

 

Subsection 98 (4A) of the Act states that CASA may issue Civil Aviation Orders (the Orders) with respect to any matter in relation to which regulations may be made under section 28BA.  Orders issued under subsection (4A) are disallowable instruments under section 46A of the Acts Interpretation Act 1901.

 

Part 82 of the Orders contains conditions on Air Operators’ Certificates.  Section 82.3 deals with regular public transport operations in other than high capacity aircraft.

 

Paragraph 7.4 of section 82.3 states that an operator may conduct flights under the Visual Flight Rules (V.F.R.) by day in single engine aeroplanes equipped for flight under the Instrument Flight Rules (I.F.R.).  Given its ordinary meaning, this paragraph requires single engine aeroplanes to be equipped with all the communications and navigation equipment required for flights under the I.F.R. as well as the necessary flight instruments.  However, CASA considers that the aircraft need have only the specified flight instruments and limited navigation equipment.

 

The Order amends paragraph 7.4 to reflect this policy, replacing the reference to the aircraft having to be equipped for flight under the I.F.R. with a reference to the aircraft having to be equipped only with the flight and navigation instruments specified in Appendix II to section 20.18 of the Orders for regular public transport operations.

 

The Office of Regulation Review has stated that a Regulation Impact Statement is not required for this amendment because it deals only with amendments of a trivial or machinery of government nature.

 

The Order came into effect on gazettal.

 

The Order has been made by the Director of Aviation Safety under subsection 84A (2) of the Act.

 

[Civil Aviation Amendment Order (No. 8) 2004]