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CASA Annual Report 2002 03 Appendix 4: Standards development

Part 7: Appendices

Appendix 4: Standards development

Notices of Proposed Rule Making published

  • NPRM 0304OS Air Service Operations - Part A: Proposed Amendment to Regulation 206 (1), and Consequential Amendments to Regulations CAR 2(1) and CAR 2(7), of the Civil Aviation Regulations 1988 and Part B: CASA Classification of Operations
  • NPRM 0228AS - Aviation Safety Services Regulations Amendments - Proposed Amendments to CASR Parts 65, 143, 171, 172 and Subpart 139.H
  • NPRM 0227CS - Airworthiness Directives - Proposed Amendment to Part 39 of the Civil Aviation Regulations (1998)
  • NPRM 0217CS - CASR Part 144 - Product Distribution Organisations
  • NPRM 0208CS - CASR Part 146 - Design Approval Organisations
  • NPRM 0220OS - CASR Part 60 - Synthetic Training Devices - Flight Simulators and Flight Training Devices
  • NPRM 0218OS - CASR Part 129 - Air Operator Certification - Foreign Operators
  • NPRM 0219SS - CASR Part 11 - Regulatory Administrative Procedures
  • NPRM 0301OS - CASR Part 133 - Air Transport and Aerial Work Operations - Rotorcraft
  • NPRM 0302OS - CASR Part 136 - Aerial Work Operations
  • NPRM 0305CS - CASR Part 90 - Additional Airworthiness Requirements
  • NPRM 0306OS - CASR Part 60 - Synthetic Training Devices
  • NPRM 0313CS - CASR Part 21 - Certification and Airworthiness Requirements for Aircraft and Parts
  • NPRM 0303OS - CASR Part 137 - Aerial Application Operations

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Discussion Papers published

  • DP 0223FS - CASR Part 67 - Medical Certification of Cabin Crew Members
  • DP 0221OS - CASR Part 60 - Synthetic Trainers

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Summaries of Responses published

  • SOR to NPRM 0115SS - Introduction of Air Operator's Certificates for Sport Aviation Commercial Flying Training
  • SOR to DP 0109CS - Proposed Airworthiness Directive, General Series - Upper Torso Restraints for Occupants in Small Aircraft
  • SOR to NPRM 0215AS - CASR Part 173 - Instrument Flight Procedure Design
  • SOR to NPRM 0112AS - CASR Part 139 - Aerodrome Certification and Operation
  • SOR to DP 0223FS - CASR Part 67 - Medical Standards for Cabin Crew
  • SOR to NPRM 0228AS - Aviation Safety Services Regulations Amendments - Proposed Amendments to CASR Parts 65, 143, 171, 172 and Subpart 139.H
  • SOR to NPRM 0216CS - Aural Warnings
  • SOR to NPRM 0111FS - Medical Standards
  • SOR to NPRM 0220OS - CASR Part 60 - Synthetic Training Devices

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Civil Aviation Safety Regulations (1998)

  • On 1 May 2003 the Governor-General made Civil Aviation Amendment Regulations 2003 (No.2) Statutory Rules 2003, No. 75, which amended the Civil Aviation Safety Regulations 1998 by revising the requirements for provision of certain airport services, changing some administrative arrangements and attending to other technical matters in accordance with an undertaking made in the Parliament by the Minister for Transport and Regional Services. The Regulations were notified in the Special Gazette No. S 135 on 1 May 2003.
  • Regulations 1 to 4 and Schedules 1 and 2 commenced on 1 May 2003 and coincided with commencement of the principal Aviation Safety Services Regulations (Parts 65, 143, 171, 172 and Subpart 139.H).
  • Schedule 3 commenced on 3 May 2003 and inserts amendments to Subpart 139.H into Part 139 which commenced on 2 May 2003.
  • On 7 April 2003 the Governor-General made Civil Aviation Amendment Regulations 2003 (No.1) Statutory Rules 2003, No. 58, which amended the Civil Aviation Safety Regulations 1998 to introduce a new Part 139, entitled Aerodromes. Part 139 provides a revised regulatory regime that covers the rules for certification, registration and operation of aerodromes used in air transport operations. The Regulations also made minor changes to the Civil Aviation Regulations 1988 as a consequence of introducing Part 139. The Regulations were notified in the Gazette on 14 April 2003. The Regulations commenced as follows:
    • on gazettal, Regulations 1 to 5 and Schedule 3
    • on 2 May 2003, Schedules 1 and 2.
  • On 19 December 2002, the Governor-General made Civil Aviation Amendment Regulations 2002 (No.10) Statutory Rules 2002, No. 349, which aligned the offence provisions in Civil Aviation Regulations 1998 Part 101, relating to unmanned aircraft and rockets, with the Criminal Code Act 1995 (the Criminal Code), following the application of the Criminal Code to all Commonwealth legislation on 15 December 2001.

In particular, Part 101 has been amended to specify that an offence is an offence of strict liability; to give effect to current drafting protocols relating to penalty provisions where the penalty units are positioned at the foot of the provision rather than in the body of the provision; to delete unnecessary provisions and substitute them with necessary ones relating to application of strict liability; to introduce numbering for certain provisions.

The Regulations were notified in a special Gazette on 20 December 2002 and commenced on that date.

  • On 19 December 2002, the Governor-General made Civil Aviation Amendment Regulations 2002 (No. 11), Statutory Rules 2002, No. 350, which changed the name of the Civil Aviation Regulations 1998 to the Civil Aviation Safety Regulations 1998. Consequential technical drafting amendments were also made to introduce a guide for users and readers of the Civil Aviation Safety Regulations to help them understand the Regulations framework, structure and numbering style; incorporate changes to the layout and structure of the Regulations to accord with the agreed regulatory framework, and the Part and regulation numbering; incorporate the regulation name change and consequences of the change across the 1988 Regulations and the new Civil Aviation Safety Regulations.

The Regulations were notified in a special Gazette on 20 December 2002 and commenced on that date.

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  • On 12 December 2002, the Governor-General made Civil Aviation Amendment Regulations 2002 (No. 8), Statutory Rules 2002, No. 320, which made incidental amendments to Civil Aviation Regulations 1998 Part 21 to ensure that Part 21 applies to all civil air navigation within Australia as originally intended; give CASA the power to issue a type certificate for certain aircraft engines or propellers, and define what elements constitute the type design for aircraft engines or propellers type certificated under the proposed Regulations; reduce confusion by removing redundant and unnecessary provisions and remove incorrect references to the Civil Aviation Act 1988. The Regulations were notified in the Gazette of 19 December 2002 and commenced on that date.
  • On 12 December 2002, the Governor-General made Civil Aviation Amendment Regulations 2002 (No. 9), Statutory Rules 2002, No. 321, which amended Civil Aviation Regulations 1998 Part 202 to provide discrete subparts for the transitional provisions for the future new Parts as they are made and incorporated in the Regulations. The Regulations were notified in the Gazette of 19 December 2002 and commenced on that date.
  • On 31 October 2002, the Governor-General made Civil Aviation Legislation Amendment (Application of Criminal Code) Regulations 2002 (No.1), Statutory Rules 2002, No. 268, which harmonised the Criminal Code Act 1995 and ensured the existing offence provisions in Civil Aviation Regulations 1998 and the Civil Aviation (Buildings Control) Regulations continue to operate in the same manner as they did prior to application of the Criminal Code Act on 15 December 2001. The Regulations were notified in the Gazette of 6 November 2002 and commenced on that date.
  • On 31 October 2002, the Governor-General made Civil Aviation Amendment Regulations 2002 (No. 5), Statutory Rules 2002, No. 266, which amended the Part 101 exemptions from various requirements in Civil Aviation Regulations 1988 that are not relevant to Unmanned Aerial Vehicle operations. The amendment to Part 101 is taken to have commenced on 1 July 2002 (the same date Part 101 commenced).
  • On 31 October 2002, the Governor-General made Civil Aviation Amendment Regulations 2002 (No. 6), Statutory Rules 2002, No. 267, which corrected a technical drafting error that occurred when the Civil Aviation Regulations 1988 were amended in 1999 by deleting reference to Division 5 of Part 4. The Regulations were notified in the Gazette of 6 November 2002 and commenced on that date.

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Civil Aviation Regulations (1988)

  • On 5 September 2002, the Governor-General made Civil Aviation Amendment Regulations 2002 (No. 4), Statutory Rules 2002, No. 221. The regulations amended Civil Aviation Regulations 1988 Regulation 55, relating to changes to flight manuals for Australian aircraft. This amendment was gazetted on 12 September 2002 and commenced on that date. The amendment regulations restored three powers in relation to approving changes to aircraft flight manuals, which were inadvertently omitted from the Civil Aviation Regulations 1988 when those regulations were amended on 16 August 1999.
  • On 15 May 2003, the Administrator made Civil Aviation Amendment Regulations 2003 (No.3), Statutory Rules 2003, No. 95, which amended the Civil Aviation Regulations 1988 by revising the requirements for air security officers and carriage of dangerous goods and discharge of firearms in aircraft during regular public transport operations whilst in the performance of their duties. The Regulations were notified in the Special Gazette No. S167 on 22 May 2003 and came into effect on that day.
  • On 12 December 2002, the Governor-General made Civil Aviation Amendment Regulations 2002 (No.7), Statutory Rules 2002, No. 319, which amended Civil Aviation Regulations 1988 Regulations 5.38 and 5.39 to remove references to specific positions in CASA appearing in the Civil Aviation Regulations 1988 so the power to require the holder of the licence, certificate, rating or endorsement to undertake an examination would simply be exercised by CASA. The Regulations were notified in the Gazette of 19 December 2002 and came into effect on that date.

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Civil Aviation Orders

  • On 26 June 2002, the Director of Aviation Safety signed Civil Aviation Amendment Order (No. 8) 2002, which repealed sections 29.1.0, 29.1.1, 29.1.2 and 29.1.3 of the Civil Aviation Orders. This amendment was gazetted on 3 July 2002 and came into effect on that date.
  • On 28 June 2002, the Director of Aviation Safety signed Civil Aviation Amendment Order (No. 9) 2002, which amended section 95.14 of the Civil Aviation Orders. This amendment was gazetted on 1 July 2002 and came into effect on that date.
  • On 11 July 2002, the Acting Director of Aviation Safety signed Civil Aviation Amendment Order (No. 10) 2002, which amended sections 48.0 and 48.1 of the Civil Aviation Orders. This amendment was gazetted on 17 July 2002 and came into effect on that date.
  • On 15 July 2002, the Acting Director of Aviation Safety signed Civil Aviation Amendment Order (No. 11) 2002, which amended section 20.18 of the Civil Aviation Orders. This amendment was gazetted on 24 July 2002 and came into effect on that date.
  • On 16 August 2002, the Director of Aviation Safety signed Civil Aviation Amendment Order (No. 12) 2002, which amended section 40.1.0 of the Civil Aviation Orders. This amendment was gazetted on 16 August 2002 and came into effect on that date.
  • On 2 September 2002, the Director of Aviation Safety signed Civil Aviation Amendment Order (No. 13) 2002, which amended section 40.1.0 of the Civil Aviation Orders. This amendment was gazetted on 11 September 2002 and came into effect on that date.
  • On 6 September 2002, the Director of Aviation Safety signed Civil Aviation Amendment Order (No. 14) 2002, which amended section 40.3.0 of the Civil Aviation Orders. The amendment was gazetted on 6 September 2002 and came into effect on that date.
  • On 29 October 2002, the Director of Aviation Safety signed Civil Aviation Amendment Order (No. 15) 2002, which amended section 40.3.0 of the Civil Aviation Orders. This amendment was gazetted on 6 November 2002 and came into effect on that date.
  • On 17 April 2003, the Director of Aviation Safety signed Civil Aviation Amendment Order (No. 4), which amended Civil Aviation Order 40.1.0 and Civil Aviation Order 40.3.0. The Order was gazetted on 30 April 2003 and came into effect on that date.
  • On 20 March 2003, the Director of Aviation Safety signed Civil Aviation Amendment Order (No. 3), which amended sections 82.3 and 82.5 of the Civil Aviation Orders. The Order was gazetted in a Special Gazette on 20 March 2003 and came into effect on that date.
  • On 26 February 2003, the Director of Aviation Safety signed Civil Aviation Amendment Order (No. 2) 2003, which amended section 95.12.1 of the Civil Aviation Orders. This Order was gazetted on 5 March 2003 and came into effect on that date.
  • On 10 January 2003, the Director of Aviation Safety signed Civil Aviation Amendment Order (No. 1) 2003, which amended Civil Aviation Orders 95.4 and 95.4.1. This Order was gazetted on 22 January and the amendments came into effect on that date.
  • On 27 November 2002, the Director of Aviation Safety signed Civil Aviation Amendment Order (No. 16) 2002, which amended section 108.26 of the Civil Aviation Orders. This Order was gazetted on 4 December 2002 and came into effect on that date.
  • On 9 May 2003, the Director of Aviation Safety signed Civil Aviation Amendment Order (No. 5) 2003 amending section 100.7 of the Civil Aviation Orders. This Order was gazetted on 21 May 2003 and came into effect on that date.

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