Federal Register of Legislation - Australian Government

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Civil Aviation Amendment Order (No. 6) 2005

Authoritative Version
  • - F2005L01140
  • No longer in force
Orders/Civil Aviation as made
Amendment of Section 40.1.0 of the Civil Aviation Orders (Aircraft Endorsements - Aeroplanes).
Administered by: DOTARS
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 9
Registered 13 May 2005
Tabling HistoryDate
Tabled HR23-May-2005
Tabled Senate14-Jun-2005
Date of repeal 19 Mar 2014
Repealed by Civil Aviation (Spent and Redundant Instruments) Repeal Regulation 2014

EXPLANATORY STATEMENT

 

CIVIL AVIATION REGULATIONS 1988

 

CIVIL AVIATION ORDERS

 

AMENDMENT OF SECTION 40.1.0

 

AIRCRAFT ENDORSEMENTS — AEROPLANES

 

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.

 

Subregulation 5.22 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give directions in Civil Aviation Orders (the CAOs) 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.

 

Paragraph 5.22 (2) (a) of CAR 1988 provides that CASA may give directions in the CAOs classifying types of aeroplanes into classes.

 

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

 

Section 40.1.0 of the CAOs prescribes aircraft endorsements for aeroplanes, classifies types of aeroplanes into classes and sets out the requirements for the issue of aircraft endorsements for aeroplanes.

 

Paragraph 1.1 of section 40.1.0 of the CAOs provides that the type endorsements mentioned in column 1 of Appendix I are prescribed for aeroplanes.

 

The Order amends Part 1 of Appendix I to add two new endorsements. ANGEL 44 is added in respect of ANGEL AIRCRAFT ANGEL 44 type aeroplanes. This is a new aircraft type soon to appear on the Australian Civil Aircraft Register (the Register). GNAT is added in respect of FOLLAND GNAT type aeroplanes. These are foreign ex-military jet trainer aircraft for which an endorsement is needed for the issue of a foreign certificate of validation.

 

Paragraph 1.2 of section 40.1.0 provides that the class endorsements mentioned in Appendix IA are prescribed for aeroplanes.

 

The Order amends Part 1A of Appendix IA to rename the YAK 3 class as YAK. This will enable the Yakovlev YAK 9, which has performance capabilities similar to the YAK 3, to be added to the Register.

 

Paragraph 2.1 of section 40.1.0 provides that the types of aeroplane mentioned in column 3 of an item in Appendix 1B are included in the class mentioned in column 2 of that item.

 

The Order amends item 37 of Appendix 1B to add the Bombardier DHC8-400 to the DHC 8 class endorsement. This is because the aircraft is an acceptable variant of the DHC 8 aircraft and is suitable for DHC 8 class endorsement.

 

The Order also amends item 101 of Appendix 1B to add the Yakovlev YAK 9 (all models) to the YAK class endorsement. As noted above, this is because the aircraft has performance capabilities similar to the YAK 3 and is suitable for YAK class endorsement.

 

The changes to the nomenclature and content of the YAK class endorsement make it necessary to have transitional and savings provisions. The first of these enables the YAK 3 class endorsement to have effect as if it were a YAK class endorsement.

 

The second enables a pilot who had flown a Yakovlev YAK 9 aircraft as pilot in command under the SINGLE ENGINE AEROPLANES NOT EXCEEDING 5 700 KG MAXIMUM TAKE-OFF WEIGHT class endorsement to continue to do so and be taken to have satisfied the requirements for a YAK class endorsement.

 

Legislative Instruments Act

Under subsection 98 (5) of the Act, where the regulations provide for certain instruments to be issued in the form of CAOs, such CAOs are declared to be disallowable instruments. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA.  The Order is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. 

 

Consultation under section 17 of the LIA has not been undertaken in this case because the Order merely adds to section 40.1.0 new aircraft types, classes and related endorsements consistent with those already prescribed.

 

As the Order is of a minor nature, the Office of Regulation Review does not require a Regulation Impact Statement.

 

The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

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

 

[Civil Aviation Amendment Order (No.6) 2005]