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Legislative changes - Amendment to CAO 95.12.1

Amendment to CAO 95.12.1

CAO 95.12.1 - Two Place Gyroplanes - Exemption from Provisions of the Civil Aviation Regulations

Civil Aviation Act 1988
Civil Aviation Regulations 1988
Civil Aviation Amendment Order (No. 2) 2003
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Explanatory Statement

Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.

Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may, in relation to a particular aircraft or specified type or category of aircraft, exempt that aircraft, type or category from compliance with the regulations. Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety. Under subregulation 308 (4), such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Section 95.12.1 of the Civil Aviation Orders provides a general exemption to gyroplanes, if they meet the conditions specified in that section. One of the conditions, subparagraph 4.1 (b), stated that a gyroplane must only be operated for the personal carriage of the pilot or to help a person undergo flying training. The Order amends subparagraph 4.1 (b) to allow a two place gyroplane (a gyroplane with seating for a passenger) to carry passengers subject to meeting the conditions set out in the new paragraphs 4.2 and 4.3.

The Office of Regulation Review has stated that a Regulation Impact Statement is not required because the proposed amendments are minor and machinery in nature.

The Order came into effect on gazettal.

The Order has been signed by the Director of Aviation Safety, on behalf of CASA, under section 84A of the Act.