Federal Register of Legislation - Australian Government

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CASA 26/17 Approvals as made
This instrument repeals the CASA 289/14 - Approval — for Approved Training Pilot approval holders under CAO 29.10 to conduct flight tests for a low-level rating, low-level endorsement and mustering endorsement, CASA 290/14 - Approval — for Approved Training Pilot approval holders under CAO 29.10 to conduct flight training for a low-level rating, low-level endorsement and mustering endorsement, and CASA 47/15 - Approval — to conduct flight tests for, and to grant, sling operation endorsements and winch and rappelling operation endorsements.
Administered by: Infrastructure and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 20 Mar 2017
Tabling HistoryDate
Tabled HR22-Mar-2017
Tabled Senate23-Mar-2017
Date of repeal 21 Mar 2017
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

Explanatory Statement

Civil Aviation Safety Regulations 1998

Repeal – approval of approval holders under Civil Aviation Orders 29.6, 29.10 and 29.11 – flight training, testing and grant of low-level ratings and endorsements

 

Purpose

This instrument repeals 3 legislative instruments that granted approvals to specified classes of pilots to conduct flight training and testing for, and to grant, specified flight crew ratings and endorsements. The instruments will be replaced by approvals with revised conditions.

 

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation. Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.

 

On 1 September 2014, the Civil Aviation Legislation Amendment (Flight Crew Licensing) Regulation 2014 inserted Parts 61 and 141 into the Civil Aviation Safety Regulations 1998 (CASR). Part 61 of CASR establishes the licensing scheme for pilots and flight engineers of registered aircraft, including flight testing. Part 141 of CASR deals with pilot flight training.

 

Regulation 61.040 of CASR provides that if a provision in Part 61 refers to a person or organisation holding an approval, the person or organisation may apply to CASA for the approval. Subregulation 61.150 (7) provides that, subject to exceptions and limitations, the holder of an approval under regulation 61.040 of CASR may grant relevant flight crew ratings and endorsements. Regulation 61.245 of CASR provides, among other things, that a flight test for a flight crew licence, rating or endorsement must be conducted by an examiner or the holder of an approval under regulation 61.040 of CASR to conduct the flight test.

 

Subregulation 141.035 (1) of CASR states that if a provision of Part 141 refers to a person holding an approval under this regulation, the person may apply to CASA, in writing, for the approval. Subregulation 141.035 (2) states that, subject to regulation 11.055, CASA must grant the approval. Under regulation 141.050, a person commits an offence if the person conducts Part 141 flight training and does not hold a Part 141 certificate or an approval under regulation 141.035 to conduct training.

 

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.

 

Civil Aviation Orders (CAOs)

CAO 29.6 relates to the conduct of helicopter external sling load operations. CAO 29.10 relates to the conduct of aerial mustering operations. CAO 29.11 relates to the conduct of helicopter winching and rappelling operations.

 

To coincide with the commencement of Parts 61 and 141 of CASR on 1 September 2014, each of the CAOs was amended by the Civil Aviation Order (Flight Crew Licensing) Repeal and Amendment Instrument 2014 (No. 1) to remove provisions relating to approval of pilots to conduct flight crew training and testing and to grant qualifications.

 

Repealed instruments

CASA 289/14 approves holders of training pilot approvals under CAO 29.10, as in force immediately before 1 September 2014, to conduct equivalent flight testing for low-level ratings, low-level endorsements and mustering endorsements as mentioned in Part 61 of CASR.

 

CASA 290/14 approves holders of training pilot approvals under CAO 29.10, as in force immediately before 1 September 2014, to conduct equivalent flight training for low-level ratings, low-level endorsements and mustering endorsements as mentioned in Part 61 of CASR.

 

CASA 47/15 approves holders of approvals under CAO 29.6 or CAO 29.11, as in force immediately before 1 September 2014, to conduct equivalent flight testing, and to grant equivalent authorisations, for sling operations endorsements (helicopter) and winch and rappelling operations endorsements (helicopter), mentioned in Part 61 of CASR.

 

The approvals in CASA 289/14, CASA 290/14 and CASA 47/15 recognise a pilot’s previous qualifications and are subject to conditions imposed by CASA in the interest of air safety.

 

Instrument

This instrument repeals CASA 289/14, CASA 290/14 and CASA 47/15. Those instruments would otherwise have been repealed at the end of August 2017.

 

Approvals on the same topics have been made in instruments CASA 27/17, CASA 28/17 and CASA 29/17. Those instruments will be lodged for registration on the Federal Register of Legislation as notifiable instruments and will commence on the same day as this instrument.

 

In addition to revised conditions, the new approvals will be repealed on a later date than the date on which CASA 289/14, CASA 290/14 and CASA 47/15 would otherwise have been repealed.

 

The expiry date of CASA 27/17, an approval under regulation 61.040 of CASR for aeroplane pilots, is 30 June 2019. This expiry date coincides with the expiry date of existing exemptions applying to flight examiner rating holders relating to the examiner proficiency check (EPC) and professional development program (PDP) requirements in regulations 61.1270 and 61.1285 of CASR (see instruments CASA EX133/16 and CASA EX134/16). CASA 27/17 requires the approved persons to comply with the EPC and PDP requirements in accordance with a timetable similar to that set out in those existing exemption instruments.

 

The expiry date for CASA 28/17, an approval under regulation 141.035 of CASR, is 31 August 2018 to align with a proposed extension of the transition period that applies to Parts 141 and 142 of CASR.

 

The expiry date for CASA 29/17, an approval under regulation 61.040 of CASR for helicopter pilots, is 31 August 2018 to align with the end of the transition period that applies to Part 61 of CASR.

 

Legislation Act 2003 (the LA)

Under subsection 8 (5) of the LA, an instrument is a legislative instrument if it is declared by section 10 of the LA to be a legislative instrument. Under paragraph 10 (1) (d) of the LA, for the purposes of subsection 8 (5), an instrument is a legislative instrument if it includes a provision that amends or repeals another legislative instrument.

 

This instrument includes a provision that repeals 3 legislative instruments and is, therefore, itself a legislative instrument. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

In November 2015, CASA formed the Part 61 Solutions Taskforce to deliver solutions to valid issues associated with the flight crew licensing regulations, includes Parts 61 and 141 of CASR. An Industry Advisory Panel – comprising representatives from a range of aviation industry sectors – was also formed to assist CASA prioritise the issues and provide input on proposed solutions. The issues addressed by the Part 61 Solutions Taskforce and the Industry Advisory Panel included issues relating to the flight examiner rating and the authorisation of pilots to conduct training and tests for, and to grant, low-level ratings and endorsements.

 

CASA has received feedback from industry on the operation of the Part 61 provisions and the approvals in CASA 289/14, CASA 290/14 and CASA 47/15. CASA considers that it is appropriate, in this case, to issue revised approvals for the conduct of flight training and testing and the grant of the relevant ratings and endorsements. The new approvals will ease some of the restrictions in the conditions on the existing approvals. The repeal of CASA 289/14, CASA 290/14 and CASA 47/15 is consequential to the grant of the new approvals.

 

In this situation, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LA.

 

Statement of Compatibility with Human Rights

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

 

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under regulation 11.260 of CASR.

 

The instrument commences on 20 March 2017. Under section 48A of the LA, the instrument is repealed on the day after the day of commencement of the instrument.

 

[Instrument number CASA 26/17]

Attachment 1

Statement of Compatibility with Human Rights

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

Repeal – approval of approval holders under Civil Aviation Orders 29.6, 29.10 and 29.11 – flight training, testing and grant of low-level ratings and endorsements

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

This legislative instrument repeals instruments CASA 289/14, CASA 290/14 and CASA 47/15 on 20 March 2017. Those instruments approve specified classes of suitably qualified pilots to conduct flight training and testing of pilots and to grant certain ratings and endorsements under Part 61 of the Civil Aviation Safety Regulations 1998. The approvals are subject to conditions imposed in the interest of aviation safety.

 

CASA has made new approval instruments with revised conditions to commence on 20 March 2017. Those approvals are contained in instruments that are not legislative instruments, and that will be registered as notifiable instruments.

 

Human rights implications

Right to work

The right to work, contained in Article 6 (1) of the International Covenant on Economic, Social and Cultural Rights, includes the right of everyone to the opportunity to gain their living by work which they freely choose or accept. The right to work is promoted by this instrument as it provides greater flexibility for pilots to obtain the civil aviation authorisations that are necessary to perform their duties.

 

Other rights

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

 

Conclusion

This legislative instrument is compatible with human rights as it does not adversely impact any human rights.

Civil Aviation Safety Authority