Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 7

Statutory Rules 2000 No. 7

Issued by the authority of the Minister for Transport and Regional Services

Civil Aviation Act 1988

Civil Aviation Amendment Regulations 2000 (No. 1)

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act and in relation to the safety of air navigation.

Subsection 9 (1) of the Act specifies that the Civil Aviation Safety Authority (CASA) has the function of, among other things, conducting safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise safety standards.

The Civil Aviation Regulations 1998 (the Principal Regulations) came into effect on 1 October 1998, and deal with the certification and airworthiness requirements for aircraft and aircraft parts. Included in that suite of regulations is Part 200 -Exemptions. Division 1 of Part 200 currently exempts from the Principal Regulations, those aircraft types destined for Defence Force use, but which first need to undergo acceptance test flying and production test flying.

Previously such aircraft were exempt by a separate regulation for each individual aircraft type. Specifically, existing regulations 200.7, 200.10, 200.11 and 200.12 exempted FA-18, S70A-9, S70B-2 and PC-9 aircraft respectively. The amendment regulations revoke these individual regulations and substitute a single regulation which covers all aircraft destined for Defence Force use regardless of the aircraft type provided the conditions, (if any), set out in Part 95 of the Civil Aviation Orders are complied with. Part 95 of the Civil Aviation Orders contains limitations appropriate to the exemptions granted for specific aircraft types.

Item 1 of Schedule 1 omits regulation 200.7, because production and acceptance test flying of FIA-18 aircraft is no longer required. Item 2 of Schedule 1 substitutes a new generic regulation 200.10 for specific regulations 200.10, 200.11 and 200.12 and obviates the need for specific individual regulations to be promulgated to permit acceptance test flying and production test flying for new aircraft types destined for Defence Force use.

Details of the amending regulations are attached. The Regulations commence on gazettal.

ATTACHMENT

Civil Aviation Amendment Regulations 2000 (No. 1)

DETAILS OF THE REGULATIONS

REGULATION 1

Regulation 1 sets out the name of the regulations.

REGULATION 2

Regulation 2 provides that regulations 1 to 3 and Schedule 1 commence on gazettal.

REGULATION 3

Regulation 3 provides that the Civil Aviation Regulations 1998 are amended as set out in Schedule 1.

SCHEDULE 1

ITEM 1 Item 1 omits regulation 200.7 which relates to production and acceptance flight testing of F/AA 8 aircraft, which is no longer required.

ITEM 2

Item 2 of Schedule 1 substitutes a new generic regulation 200.10 for specific regulations 200.10, 200.11 and 200.12 and obviates the need for specific individual regulations to be promulgated to permit acceptance test flying and production test flying for new aircraft types destined for Defence Force use.