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Legislative changes - Amendment of CAO section 95.14 and repeal of CAO sections 95.15 and 95.21

Amendment of CAO section 95.14 and repeal of CAO sections 95.15 and 95.21

CAO 95.14 - Exemption from Provisions of the Civil Aviation Regulations - Tethered Balloons, Kites, Parasails and Gyrogliders
CAO 95.15 - Exemption from Provisions of Civil Aviation Regulations - Unmanned Free Balloons
CAO 95.21 - Exemption from Provisions of the Civil Aviation Regulations - Model Aircraft

Civil Aviation Amendment Order (No. 9) 2002 (12K Adobe Acrobat file)

Explanatory Statement

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.

Regulation 5 of the Civil Aviation Regulations 1988 (CAR 1988) empowers CASA to issue any direction or notification or give permission, approval or authority in Civil Aviation Orders.

Under subregulation 308 (1) of CAR 1988, CASA may, among other things, exempt an aircraft from compliance with specified conditions of CAR 1988. Subregulation 308 (3) provides that such exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety.

Civil Aviation Orders (CAOs) sections 95.15 and 95.21 exempt unmanned free balloons and model aircrafts respectively from compliance with specified provisions of CAR 1988 subject to the conditions that they prescribe. CAO 95.14 provides similar exemptions for tethered balloons, kites, parasails and gyrogliders.

The Civil Aviation Amendment Regulations 2001 (Statutory Rule 2001 No. 349), (the amending Regulations), insert a new Part 101, entitled Unmanned Aircraft and Rockets, into the Civil Aviation Regulations 1998. The amending Regulations are to take effect on 1 July 2002.

On the coming into effect of the amending Regulations those kinds of pilotless aircraft, free balloons, fixed balloons, kites and rockets to which Part 101 of Civil Aviation Regulations 1998 applies will no longer be regulated under CAR 1988.

This Order, therefore, repeals CAOs 95.15 and 95.21 and removes from CAO 95.14 all references to tethered balloons and kites. The opportunity has also been taken to bring up-to-date the list of the provisions of CAR 1988 from which parasails and gyrogliders should be exempted and to restate with greater clarity some of the conditions to which those exemptions are subject.

This Order commences on 1 July 2002, the date on which the amending Regulations are to come into force.

The Regulatory Impact Statement for the amending Regulations dealt with the repeal of CAOs 95.15 and 95.21. The Office of Regulation Review has advised that a Regulatory Impact Statement is not required for the amendments of CAO 95.14 as the amendments are of a minor or machinery nature and will not substantially alter existing arrangements.

This Order has been made by the Director of Aviation Safety under subsection 84A (2) of the Civil Aviation Act 1988.