601
11th Apr 2013, 13:30
I tried to translate CAO 48.1 Instrument 2013 using Google Translator but it could not recognise the language.
Reading this
3 Repeals
3.1 On 30 April 2016, each of the following Civil Aviation Orders (CAOs) is repealed, namely CAO 48.0, CAO 48.1, CAO 48.2, CAO 48.3 and CAO 48.4.
3.2 To avoid doubt, on 30 April 2016, each of the following Civil Aviation Amendment Orders (CAAOs) is repealed, namely CAAO (No. R47) 2004, CAAO (No. R48) 2004, CAAO (No. R49) 2004, CAAO (No. R50) 2004 and CAAO (No. R51) 2004.
3.3 To avoid doubt, on 30 April 2016, each CAO mentioned in paragraph 3.1, and each CAAO mentioned in paragraph 3.2, as continued in force by subregulation 335 (2) of CAR 1988 as if it had been made on 4 December 2013 under regulation 210A of CAR 1988, is repealed.
leads me to believe that the CAO 48.0 series is repealed and I am avoiding doubt that that is the case.
So 48 is dead.
But I am doubtful now that I read ss 4 of the new Order.
In ss 4 I think that they are trying to say that CAO 48 applies until the AOC holder tells CASA that the holder is intending to conform with the requirements of the new Order. This can be anytime until 30 Aprl 2016. So CAO 48 is not dead (must have been over Easter that they wrote this) but dies when an AOC holder decided to transition to the new Order.
4.3 Subject to paragraph 4.4, this Order applies to an AOC holder (a transitional AOC holder) on and from 30 April 2016 if the holder has held an AOC since immediately before the commencement of this Order.
4.4 At any time after commencement of this Order but before 30 April 2016, a transitional AOC holder may tell CASA in writing that the holder intends to comply with the requirements of this Order from a specified date that is before 30 April 2016, for all of the holder’s operations or for specified operations only.
4.5 Where paragraph 4.4 applies, the requirements of this Order take effect, from the specified date, for:
(a) the transitional AOC holder; and
(b) each of the holder’s flight crew members.
4.6 If paragraph 4.5 applies then, despite subsection 3, from the date specified by the transitional AOC holder under paragraph 4.4:
(a) the Orders mentioned in a paragraph of subsection 3; and
(b) any exemption issued to the transitional AOC holder under paragraph 4.1 of CAO 48.1 and in force;
are each taken to no longer apply to:
(c) the holder; or
(d) any flight crew member of the holder.
4.7 Paragraphs 4.4, 4.5 and 4.6 apply to a person:
(a) who, before the commencement of this Order, applied to CASA for the issue of an AOC (a relevant AOC); and
(b) who, as a result of the application, was issued with a relevant AOC after the commencement of this Order;
as if the person were a transitional AOC holder on and from the date of issue of the relevant AOC.
Does one have to have a PHD to develop legislation like this?
Why did they not say;
The provisions of CAO 48.1 Instrument 2013 shall apply to new AOC Applicants who lodge an AOC application with CASA after midnight 30 April 2013.
Existing AOC Holders shall transition to CAO 48.1 Instrument 2013 at a date of their choosing before midnight 30 April 2016. They shall advise CASA of the date of their intention to transition to the new Order.
Reading this
3 Repeals
3.1 On 30 April 2016, each of the following Civil Aviation Orders (CAOs) is repealed, namely CAO 48.0, CAO 48.1, CAO 48.2, CAO 48.3 and CAO 48.4.
3.2 To avoid doubt, on 30 April 2016, each of the following Civil Aviation Amendment Orders (CAAOs) is repealed, namely CAAO (No. R47) 2004, CAAO (No. R48) 2004, CAAO (No. R49) 2004, CAAO (No. R50) 2004 and CAAO (No. R51) 2004.
3.3 To avoid doubt, on 30 April 2016, each CAO mentioned in paragraph 3.1, and each CAAO mentioned in paragraph 3.2, as continued in force by subregulation 335 (2) of CAR 1988 as if it had been made on 4 December 2013 under regulation 210A of CAR 1988, is repealed.
leads me to believe that the CAO 48.0 series is repealed and I am avoiding doubt that that is the case.
So 48 is dead.
But I am doubtful now that I read ss 4 of the new Order.
In ss 4 I think that they are trying to say that CAO 48 applies until the AOC holder tells CASA that the holder is intending to conform with the requirements of the new Order. This can be anytime until 30 Aprl 2016. So CAO 48 is not dead (must have been over Easter that they wrote this) but dies when an AOC holder decided to transition to the new Order.
4.3 Subject to paragraph 4.4, this Order applies to an AOC holder (a transitional AOC holder) on and from 30 April 2016 if the holder has held an AOC since immediately before the commencement of this Order.
4.4 At any time after commencement of this Order but before 30 April 2016, a transitional AOC holder may tell CASA in writing that the holder intends to comply with the requirements of this Order from a specified date that is before 30 April 2016, for all of the holder’s operations or for specified operations only.
4.5 Where paragraph 4.4 applies, the requirements of this Order take effect, from the specified date, for:
(a) the transitional AOC holder; and
(b) each of the holder’s flight crew members.
4.6 If paragraph 4.5 applies then, despite subsection 3, from the date specified by the transitional AOC holder under paragraph 4.4:
(a) the Orders mentioned in a paragraph of subsection 3; and
(b) any exemption issued to the transitional AOC holder under paragraph 4.1 of CAO 48.1 and in force;
are each taken to no longer apply to:
(c) the holder; or
(d) any flight crew member of the holder.
4.7 Paragraphs 4.4, 4.5 and 4.6 apply to a person:
(a) who, before the commencement of this Order, applied to CASA for the issue of an AOC (a relevant AOC); and
(b) who, as a result of the application, was issued with a relevant AOC after the commencement of this Order;
as if the person were a transitional AOC holder on and from the date of issue of the relevant AOC.
Does one have to have a PHD to develop legislation like this?
Why did they not say;
The provisions of CAO 48.1 Instrument 2013 shall apply to new AOC Applicants who lodge an AOC application with CASA after midnight 30 April 2013.
Existing AOC Holders shall transition to CAO 48.1 Instrument 2013 at a date of their choosing before midnight 30 April 2016. They shall advise CASA of the date of their intention to transition to the new Order.