Explanatory Statement
Civil Aviation Act
Civil Aviation Safety Regulations 1998
Australian Technical Standard Order C1004a
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 the interests of the safety of air navigation.
Regulation 21.601 prescribes the requirements for the issue of an Australian Technical Standard Order (ATSO). CASA has issued an ATSO C1004a which is intended to prescribe the minimum performance standards (MPS) which airborne Mode A/C Transponder equipment with Extended Squitter Automatic Dependant Surveillance – Broadcast (ADS-B) transmission capability must meet in order to obtain an ATSO authorisation or letter of design approval.
The ATSO provides prospective manufacturers with a clear description of the particular parameters that were required for proposed Airservices Australia Air Traffic Control system based on ADS-B. These standards are consistent with the international requirements mandated by ICAO.
The original issue of ATSO C1004 was published 2 October 2003. With the continuing development of the technology the primary reference material from RTCA Inc. that the ATSO was derived from has been updated or superseded. To ensure consistency and continuing relevance the ATSO needs to be updated to reflect the new requirements that are recognised internationally. If the ATSO is not updated Australian manufacturers are at risk of designing and manufacturing equipment that will not provide the functionality expected by air traffic control and required by Civil Aviation Order 20.18.
Legislative Instruments Act
Under paragraph 98 (5) (5AA) of the Act an instrument issued under paragraph 5A of the Act is a legislative instrument if the instrument is expressed to apply in relation to a class of aircraft, persons or aeronautical product. The instrument relates to design standards and is issued under regulation 21.601 of the Civil Aviation Safety Regulations. The ATSO is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Draft ATSO C1004a was published for public comment. The six responses received from local and international respondents were considered and incorporated where appropriate.
The ATSO has been made by a delegate of CASA, in accordance with subregulation 11.260 (1) of CASR 1988.
[Australian Technical Standard Order C1004a]