Federal Register of Legislation - Australian Government

Primary content

Civil Aviation Order 48.1 Amendment Instrument 2019 (No. 1)

Authoritative Version
  • - F2019L01473
  • In force - Latest Version
Orders/Civil Aviation as made
This instrument amends the Civil Aviation Order 48.1 Instrument 2019 to give the Civil Aviation Safety Authority the ability to approve limited or minor non-compliance with specified fatigue risk management provisions that would otherwise apply to a person. The persons are holders of air operator certificates and a non-compliance approval would also cover their flight crew members.
Administered by: Infrastructure, Transport, Cities and Regional Development
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 18 Nov 2019
Tabling HistoryDate
Tabled HR25-Nov-2019
Tabled Senate25-Nov-2019
To be repealed 25 Feb 2020
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

I, Shane Patrick carmody, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 28BA (1) (b) and subsection 98 (4A) of the Civil Aviation Act 1988.

[Signed S. Carmody]

Shane Carmody
Director of Aviation Safety

15 November 2019

1          Name of instrument

                 This instrument is the Civil Aviation Order 48.1 Amendment Instrument 2019 (No. 1).

2          Commencement

                 This instrument commences on the day it is registered.

3          Amendment of Civil Aviation Order 48.1

                 Schedule 1 amends Civil Aviation Order 48.1 Instrument 2019.

Schedule 1          Amendments

[1]       After paragraph 5.9

insert

     5.10     A reference in subparagraph 5.3 (c), 5.4 (b), 5.5 (c) or 5.6 (c) to a person complying with the requirements of an applicable CAO, the 2013 CAO or the 2013/2016 CAO (as the case requires) (the relevant CAO), means the person must comply with the relevant CAO unless CASA, in writing, approves limited or minor non‑compliance by the person with the requirements of a specified provision of the relevant CAO:

(a)   for the purposes of an emergency service operation; and

(b)   subject to compliance with safety conditions expressed in the approval.

5A       Approval of non-compliance

    5A.1     CASA may, on application or on its own initiative, by instrument in writing, approve limited or minor non-compliance with the requirements of a specified provision of this CAO.

    5A.2     An approval has the effect that the specified provision of this CAO does not apply to the AOC holder to whom the approval applies, provided that any conditions expressed in the approval are complied with.

Note   The expression AOC holder includes a Part 141 certificate holder: see the definition of AOC holder in subsection 6.

    5A.3     An approval mentioned in paragraph 5A.2 has the effect that the specified provision of this CAO does not apply to the AOC holder’s flight crew members.

    5A.4     CASA must not grant an approval unless CASA is satisfied that compliance with the approval, including any conditions of the approval, will preserve an acceptable level of aviation safety.

    5A.5     An instrument of approval is a legislative instrument if the instrument is expressed to apply to a class of AOC holders.

    5A.6     An instrument of approval is not a legislative instrument if the instrument is expressed to apply to a particular AOC holder.