Federal Register of Legislation - Australian Government

Primary content

Civil Aviation Amendment Order (No. 2) 2005

Authoritative Version
  • - F2005L00324
  • No longer in force
Orders/Civil Aviation as made
Amendments to section 40.3.0 of the Civil Aviation Orders
Administered by: DOTARS
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 9
Registered 18 Feb 2005
Tabling HistoryDate
Tabled HR07-Mar-2005
Tabled Senate07-Mar-2005
Date of repeal 19 Mar 2014
Repealed by Civil Aviation (Spent and Redundant Instruments) Repeal Regulation 2014











Subregulation 5.22 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that the Civil Aviation Safety Authority (CASA) may give directions in Civil Aviation Orders (the Orders) prescribing the aircraft endorsements that must be held by a licence holder before the holder is permitted to carry out the duties authorised by the licence in a particular type or class of aircraft.


Subregulation 5.22 (2) of CAR 1988 provides that CASA may give directions in the Orders setting out the requirements for the issue of aircraft endorsements.


Subregulation 5.23 (1) of CAR 1988 provides that CASA may give directions in the Orders setting out requirements for the issue of aircraft endorsements.


Section 40.3.0 of the Orders prescribes aircraft endorsements for helicopters, classifies types of helicopters into classes and sets out the requirements for the issue of aircraft endorsements for helicopters.


In December, Civil Aviation Amendment Order (No. R37) 2004 revoked and remade Section 40.3.0 to facilitate compliance with the Legislative Instruments Act 2003.  It has since been discovered that the remake omitted a series of amendments that had previously been issued and had come into effect.  This Order amends Section 40.3.0 to include those amendments.  Details are as follows.


Paragraph 8.3 applies to both winching and rappelling operations.  A reference to rappelling is restored to make clear the two types of operation to which it applies.


Appendix II is amended to restore preferred descriptions of the two categories of helicopter for which flying training requirements are set out, being helicopters type certificated in a category other than the transport category and helicopters type certificated in the transport category.


Appendixes IV and V are replaced.  The new Appendixes also refer to the two categories of helicopter now used in Appendix II.  The new Appendixes also contain descriptions of helicopter classes, types and models as they were immediately before the remaking.  When the section was remade some out of date descriptions were included and new descriptions omitted.


Consultation under section 17 of the Legislative Instruments Act 2003 has not been undertaken.  The sole purpose of the amendments is to restore section 40.3.0 to what it was before the unintended changes.  The Office of Regulation Review had previously classified the restored amendments as being of a machinery of government nature.


The instrument has been lodged for registration under section 25 of the Legislative Instruments Act 2003 together with a copy of this explanatory statement.


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


[Civil Aviation Amendment Order (No. 2) 2005]