Federal Register of Legislation - Australian Government

Primary content

Authorisations & Authority(s) as made
This instrument saves certain paragraphs and subsections in CAO 40.0 and CAO 40.1.0, as well as under Part 5 of the Civil Aviation Regulations 1988, which are still required in the interests of aviation safety together with the relevant conditions.
Administered by: Infrastructure and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 05 Jan 2015
Tabling HistoryDate
Tabled HR09-Feb-2015
Tabled Senate09-Feb-2015
Date of repeal 01 Feb 2017
Repealed by CASA 07/17 - Conditions on authorisations — flight crew licences and aircraft endorsements (Edition 2)

Explanatory Statement

Civil Aviation Safety Regulations 1998

Conditions on authorisations — flight crew licences and aircraft endorsements (Edition 1)

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation. Under subsection 98 (4A) of the Act, CASA may issue Civil Aviation Orders (the CAOs) not inconsistent with the Act or regulations made under the Act.

 

Under subsection 98 (5A) of the Act, the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of an aircraft.

 

Civil Aviation Order (CAO) 40.0 contained conditions on flight crew licences. CAO 40.1.0 contained conditions on aircraft endorsements – aeroplanes. These CAOs were repealed when Part 61 of the Civil Aviation Safety Regulations 1998 (CASR 1998) commenced on 1 September 2014. Part 61 contains new provisions relating to flight crew licences, ratings and endorsements.

 

Regulation 11.068 allows CASA, for subsection 98 (5A) of the Act, to issue a legislative instrument that imposes a condition relating to a matter mentioned in that subsection on a specified class of authorisations.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by laws) the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Instrument

Authorisations include flight crew licences, ratings and endorsements. CASA 244/14, which commenced on 1 September 2014, is an instrument that reissued certain paragraphs and subsections in CAO 40.0 and 40.1.0 which are still required in the interests of aviation safety, including relevant conditions. Conditions on authorisations — flight crew licences and aircraft endorsements (Edition 1) (the instrument) is an instrument that repeals and replaces CASA 244/14, with the addition of a new condition in section 8 of the instrument applicable to single-engine helicopter class ratings. Other sections in the instrument have been unaltered from CASA 244/14.

 

Paragraph 2.7 of CAO 40.0 contained requirements for the practising of instrument flying in an aeroplane while the aeroplane is flying under the V.F.R. (visual flight rules). Section 4 of the instrument contains, as conditions on pilot licences, requirements, which are substantially the same as paragraph 2.7.

 

Subsection 4 of CAO 40.0 regulated participation in land and hold short operations (LAHSO) as defined. Section 5 of the instrument contains, as conditions on pilot licences, requirements which are substantially unaltered from subsection 4. Appendixes 1 and 2 of CAO 40.0, which related to LAHSO, have been included. They are substantially unaltered.

 

Section 6 of the instrument contains a condition applicable to the holder of a MU-2 aircraft type rating. Under this condition, the holder of a MU-2 single pilot multi-engine aeroplane type rating must not exercise the privileges of the rating as pilot in command unless he or she has carried out certain training. These training requirements are substantially the same as the conditions on Mitsubishi MU-2B endorsements that were contained in subsection 8B of CAO 40.1.0. They have to be met by Mitsubishi MU-2B pilots to allow them to deal with unsafe conditions that may arise due to icing occurring on those aeroplanes.

 

Section 7 of the instrument states, as a condition on an instructor rating, that the holder of an instructor rating with a training endorsement may only conduct training for a flight activity endorsement if he or she has demonstrated competency in doing so to a person authorised to conduct a flight test for the relevant training endorsement.

 

Section 8 of the instrument states, as a condition on a single-engine helicopter class rating, that the holder of that rating may conduct operations in a R22 or R44 helicopter only if he or she has completed a flight review in accordance with regulation 61.745 of CASR 1998 that has been conducted in a R22 or R44 helicopter.

 

Legislative Instruments Act 2003 (the LIA)

For subsection 98 (5A) of the Act, CASA may issue an instrument relating to the safe navigation, operation and maintenance of aircraft. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to classes of persons, being pilots in command and flight instructors. The instrument is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

CASA did not undertake consultation in relation to those provisions taken from CAOs 40.0 and 40.1.0, because they have been in force for considerable periods of time and are accepted as necessary by the aviation industry. In addition, section 7 simply retained a requirement under Part 5 of the Civil Aviation Regulations 1988, which has now been replaced by Part 61 of CASR 1998. Section 8 is a new section that has been introduced on the recommendation of the CASA Flight Crew Licensing subcommittee, with industry engagement and consultation.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) was not required for CASA 244/14 since that instrument replaced provisions in CAOs 40.0 and 40.1.0 which were repealed on
1 September 2014. The repeal was consequential on the making of the Civil Aviation Legislation Amendment Regulation 2013 (No. 1). The relevant RIS for that Regulation was prepared and assessed as adequate by OBPR (OBPR ID: 2777). The instrument repeals CASA 244/14 and remakes the same substantive provisions, with a new condition in section 8 that has been developed in consultation with industry.

 

Making and commencement

The instrument has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

The instrument commences on the day of registration.

 

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Conditions on authorisations — flight crew licences and aircraft endorsements (Edition 1)

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

Civil Aviation Orders (CAOs) 40.0 and 40.1.0 contained conditions on flight crew licences and aircraft endorsements – aeroplanes. These CAOs have been repealed due to the commencement of Part 61 of the Civil Aviation Safety Regulations 1998 on 1 September 2014, which contains new provisions relating to flight crew licences, ratings and endorsements.

 

This legislative instrument saves certain paragraphs and subsections in CAO 40.0 and CAO 40.1.0, as well as under Part 5 of the Civil Aviation Regulations 1988, which are still required in the interests of aviation safety together with the relevant conditions.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority