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CIVIL AVIATION REGULATIONS (AMENDMENT) 1992 NO. 174

Statutory Rules 1992 No. 174

(Issued by the Authority of the Minister for Shipping and Aviation Support)

Civil Aviation Act 1988

Civil Aviation Regulations (Amendment)

Subsection 98(1) 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.

The amendments are general tidying-up amendments to correct a number of minor typographical and drafting errors discovered in the Civil Aviation Regulations (the Principal Regulations).

Additionally, several of the amendments (regulations 6, 10 and 11) are necessary because of recent amendments to the Act whereby several offences in the Principal Regulations were transferred to the Act. As a result, it has been necessary to repeal the affected offences in the Principal Regulations in order to avoid any possible inconsistency with the Act.

The amendments also make three minor amendments to Statutory Rules 1991 No. 487 in order to correct several cross-referencing errors discovered in those Statutory Rules.

Details of the amendments are attached.

ATTACHMENT

DETAILS OF CIVIL AVIATION REGULATIONS (AMENDMENT)

PART 1

Regulation 1

This regulation provides that the Civil Aviation Regulations (the Principal Regulations) are amended as set out in Part 1 of the Statutory Rules.

Regulation 2

This regulation amends regulation 6A of the Principal Regulations to include a penalty for an offence against subregulation 6A(3). This was omitted from the penalty restructure amendments made by Statutory Rules 1991, number 147. Those Statutory Rules omitted the general offence provision in the Principal Regulations and substituted specific penalties for each offence. A penalty for an offence against subregulation 6A(3) was inadvertently overlooked.

Regulation 3

This regulation amends regulation 42Q of the Principal Regulations. Regulation 42Q provides that the Civil Aviation Authority (the Authority) may direct changes to an approved system of maintenance. The insertion of the words "or an authorised person" is required in order to make regulation 42Q consistent with regulation 42R which allows an authorised person to approve a change submitted under regulation 42Q.

Regulation 4

This regulation amends regulation 42W of the Principal Regulations. Regulation 42W sets out the requirements that must be complied with in relation to the installation and use of aircraft components in carrying out maintenance on an Australian aircraft. One of the requirements is that a component must be accompanied by a document which satisfies the requirement of subregulation 42W(5). The requirements of subparagraph 42W(5)(a)(v), however, were only intended to apply to components which were overhauled or maintained after 1 March 1992. This amendment clarifies that intention.

Regulation 5

This regulation amends regulation 42X of the Principal Regulations. Regulation 42X sets out the requirements that must be complied with when an aircraft material is to be used for maintenance purposes. This amendment makes regulation 42X consistent with regulation 42Y which allows a relaxation of the general rules in relation to aircraft components. A similar relaxation is now provided in relation to aircraft materials.

Regulation 6

This regulation replaces subregulation 42X(1) of the Principal Regulations with a note referring to the Civil Aviation Act 1988 (the Act) to remove any inconsistency between the Act and the Regulations. The offence previously contained in regulation 42X(1) has been transferred to the Act. This is in accordance with the Authority's policy of transferring major offences from the Regulations to the Act. This note is to alert readers to the changed statutory requirements. While the note is not strictly necessary it is considered desirable to let readers know where the new offence provisions can be found given that the Regulations are the basic working documents for the aviation industry.

Regulation 7

Under the Principal Regulations persons are required to request the Authority to make a change to an approved system of maintenance when they discover a defect in that system. Similarly, the Authority can direct a change to the system of maintenance to correct a deficiency in the system. Similar safeguards are required in relation to systems of certification. This regulation enacts the necessary safeguard by amending regulation 42ZJ.

Regulation 8

When the Principal Regulations were recently amended in relation to the new maintenance requirements the previous requirements relating to inspection of maintenance releases were inadvertently omitted. This amendment corrects that omission by inserting a new regulation 43A into the Principal Regulations to allow the Authority to inspect maintenance releases at all reasonable times. Persons having possession or custody of maintenance releases must make them available for inspection by the Authority.

Regulation 9

This regulation corrects a technical error in regulation 50B of the Principal Regulations. The previous reference to a "registered owner" has been corrected to correctly refer to the "holder of the certificate of registration".

Regulation 10

This amendment is required as a result of amendments to the Act which now make it an offence to fly an aircraft without a licence, certificate, rating or endorsement. This offence was previously contained in regulation 55A of the Principal Regulations. While the note is not strictly necessary it is considered desirable to let readers know where the new offence provisions can be found given that the Regulations are the basic working documents for the aviation industry.

Regulation 11

This amendment is required because of the enactment of section 20AA of the Act. The offences previously contained in paragraphs 133(1)(b) and (c) of the Principal Regulations and subregulation 133(3) have been transferred to section 20AA. This amendment essentially restructures the remaining provisions of regulation 133. While the note is not strictly necessary it is considered desirable to let readers know where the new offence provisions can be found given that the Regulations are the basic working documents for the aviation industry.

Regulation 12

This regulation restructures regulation 134 of the Principal Regulations and is consequential upon the amendment made by regulation 11.

Regulation 13

This regulation amends regulation 138 of the Principal Regulations. Under that regulation, the Authority can prepare and issue flight manuals for Australian aircraft and amendments to such flight manuals. This amendment will allow authorised persons (who are appointed under regulation 6) to prepare and issue alterations to such manuals.

Regulation 14

This regulation amends regulation 139 of the Principal Regulations which provides, amongst other things, that an aircraft must carry the licences and medical certificates of its operating crew. This amendment will allow the Authority to approve flights where the flight crew do not have their licences in their possession during flight. This is required because licences must occasionally be returned to the Authority for certain types of endorsements. This process can take up to several weeks to complete.

Regulation 15

This regulation amends regulation 139 of the Principal Regulations. Under paragraph 139(1)(i) an aircraft was required to carry the records that were directed under regulation 54. Regulation 54 was repealed by statutory Rules 1991, number 487. This paragraph is no longer necessary and has been omitted.

Regulation 16

Regulation 134 of the Principal Regulations was recently amended to allow the Authority to give permission for certain aircraft to conduct training flights and carry passengers on joy flights. This amendment to regulation 206 is consequential on the amendments to regulation 134 so as to make it clear that a permission under regulation 134 does not amount to a prescribed commercial purpose which would require the person concerned to obtain an Air Operator's Certificate.

Regulation 17

This is a technical amendment to ensure that subregulation 215(3) of the Principal Regulations is consistent with subregulation 215(2).

Regulation 18

This regulation amends regulation 233 of the Principal Regulations which provides, amongst other things, that a pilot in command of an aircraft must ensure that the aircraft carries the aeronautical maps and charts necessary for a flight. The purpose of this amendment is to ensure that pilots do not rely on outdated maps and charts.

Regulation 19

This regulation corrects a drafting error. Subregulation 234(3) of the Principal Regulations was not intended to create an offence.

Regulation 20

This regulation inserts a new regulation into the Principal Regulations to make it an offence to behave in an offensive and disorderly manner in an aircraft. The previous Air Navigation Regulations contained a similar provision, but the offence was inadvertently omitted when the Air Navigation Regulations were converted into the Civil Aviation Regulations in 1988.

Regulation 21

This amendment is consequential upon the recent enactment of section 30A of the Act under which a court is empowered to make an order excluding a person from engaging in flying or other aviation activities. This amendment ensures that where a court has made such an order then the Authority can refuse to issue a licence or certificate to a person for such an activity.

Regulation 22

This amendment corrects a typographical error in regulation 295 of the Principal Regulations.

Regulation 23

This amendment corrects a minor drafting error in regulation 296D of the Principal Regulations.

Regulation 24

This amendment corrects a number of typographical errors in regulation 297A of the Principal Regulations. Paragraph 297A(1)(j) in particular had several cross-referencing errors. Accordingly, the paragraph has been remade.

Regulation 25

This amendment corrects a number of typographical errors in Schedule 5 to the Principal Regulations.

Regulation 26

This amendment corrects several typographical and drafting errors in Schedule 6 to the Principal Regulations.

Regulation 27

This amendment replaces the heading to Schedule 8 of the Principal Regulations to make it align more closely to the wording of the empowering regulation (regulation 42ZC(4)(d)).

Regulation 28

This is a savings provision to keep in force and validate permissions of a general nature which were given under regulation 134 before the amendment made by regulation 12.1.

PART 2

The amendments in Part 2 correct three typographical errors in the transitional provisions of Statutory Rules 1991 No. 487 (the "maintenance regulations,'). Those regulations came into operation on 1 March 1992 and the amendments made by Part 2 are retrospective to that date.

The retrospectivity does not contravene subsection 48(2) of the Acts Interpretation Act 1901. Details are set out below.

Regulation 31

Under the Principal Regulations aircraft need to be maintained to an approved system of maintenance. An approval of a system of maintenance which was in force before 1 March 1992 under the previous subregulation 38(3) of the Principal Regulations was continued in force by regulation 42 of the maintenance regulations. Unfortunately, the reference to "subregulation 42N(2)" in that provision should have been a reference to "subregulation 42M(2)". As a result of the incorrect reference the provision has no effect.

Regulation 31 makes the necessary correction. This amendment ensures that current approvals remain in force. It does not affect people's rights prejudicially or impose liabilities on persons. In fact the amendment benefits operators of aircraft by ensuring that they do not have to go through a further approval process. Their existing approvals are continued in force (as was originally intended) thereby saving them time and money.

Regulation 32

Regulation 32 corrects a similar typographical error in relation to approvals of aircraft material used in servicing aircraft. For the reasons set out above this amendment benefits persons and does not affect them prejudicially.

The amendments made by Part 1 came into effect on the day of their notification in the Gazette. The amendments made by Part 2 are taken to have commenced on 1 March 1992.