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Legislative changes - Amendment to CAOs 95.4 and 95.4.1

Amendment to CAOs 95.4 and 95.4.1

CAO 95.4 - Exemption from Provisions of the Civil Aviation Regulations - Gliders, Powered Sailplanes and Power-Assisted Sailplanes
CAO 95.4.1 - Exemption from Provisions of the Civil Aviation Regulations - Gliders Engaged in Charter Operations

Civil Aviation Act 1988
Civil Aviation Regulations 1988
Civil Aviation Amendment Order (No. 1) 2003
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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) empowers CASA to issue any direction or notification or give permission, approval or authority in Civil Aviation Orders.

Under Regulation 308 (1) of CAR, CASA may, among other things, exempt an aircraft or category of aircraft or persons associated with the operations of those aircraft from compliance with specified provisions of CAR.

Under regulation 5A of the Regulations, if CASA has issued a CAO and then issues a direction, exemption or approval that affects the operation of anything in the CAO, the later direction, exemption or approval is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

The Order contains various amendments to the exemptions granted under sections 95.4 and 95.4.1 of the Order. The purpose is to:

  1. correct technical errors e.g. amendments to paragraph 1 of CAO 95.4;
  2. bring the exemptions provided by those sections into line with the operational and certification-related areas of CAR; and
  3. align the common provisions in both sections 95.4 and 95.4.1 of the Order.

We have also taken the opportunity to include exemption from the provisions of the new regulation 55 (6) and 322 (5) and to renumber section 95.4.1 of the Order to align it to the relevant provisions of CAR.

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

The Order came into effect on notification in the Gazette.

The Order has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.