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Explanatory Statement - Amdt to CAO 40.1.0 and 40.3.0
Civil Aviation Amendement Order (No. 12) 2004 - Amendment to CAO 40.1.0 and 40.3.0
Civil Aviation Orders
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Regulation 5.22 of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give directions in Civil Aviation Orders (CAOs) prescribing the aircraft endorsements that must be he3ld by the holder of a flight crew licence, a special pilot licence or a certificate of validation before the holder is permitted to carry out the duties authorised by the licence or certificate in a particular type of class of aircraft or in an aircraft that has a special design feature.
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 Orders prescribes aircraft endorsements for aeroplanes, classifies types of aeroplanes into classes and sets out the requirements for the issue of aircraft endorsements for aeroplanes.
Section 40.3.0 prescribes aircraft endorsements for helicopter pilots by reference to types of helicopters (type endorsements) and sets out the requirements for the issue of type endorsements.
The Orders are being amended to provide new aircraft coming into the register with appropriate endorsements. The LEZA aircraft is a new multi-engine 2 place light aircraft that is currently not covered by any endorsement. The endorsement for the CASA212 aircraft is also being amended as a result of the name change of the manufacturer. The DORNIER 328-100 is also included to allow this aircraft endorsement, which is not on the Australian Register, to be recorded on an Australian licence. Some minor technical amendments are also being made.
The Office of Regulation Review has advised that a Regulation Impact Statement is not required because the proposed amendments are minor and machinery of a government in nature and will not substantially alter existing arrangements.
The Order came into effect on gazettal. It was made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.