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of the technology the primary reference material from RTCA Inc. that the ATSO was derived from has been updated or superseded.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]
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia. The Act provides the legal framework for the regulation of civil aviation, including the establishment of safety standards and the oversight of air navigation. One of its key provisions is Subsection 98(1), which empowers the Governor-General to make regulations in the interests of air navigation safety. To address the need for consistent and updated technical standards, the Civil Aviation Safety Regulations 1998 were enacted, enabling the creation of Australian Technical Standard Orders (ATSO). The ATSO C1004a, issued by the Civil Aviation Safety Authority (CASA), outlines the minimum performance standards for airborne Mode A/C Transponder equipment with Extended Squitter Automatic Dependent Surveillance – Broadcast (ADS-B) transmission capability, aligning with international standards set by the International Civil Aviation Organization (ICAO). This ATSO serves to guide manufacturers in producing equipment that meets the expectations of air traffic control, as stipulated in Civil Aviation Order 20.18. The legislative process for this ATSO involves its classification as a legislative instrument under the Legislative Instruments Act, subject to parliamentary scrutiny.
Scope and Application
The Civil Aviation Act 1988 applies to a wide range of persons, entities, and industries within the aviation sector, including aircraft operators, manufacturers, and maintenance organisations. The Act establishes the framework for ensuring the safety and efficiency of civil aviation in Australia and authorises the creation of regulations and standards, such as the Australian Technical Standard Order (ATSO) C1004a, which is the focus of this legislative instrument. This particular ATSO applies to airborne Mode A/C Transponder equipment with Extended Squitter Automatic Dependent Surveillance – Broadcast (ADS-B) transmission capability. The ATSO C1004a outlines the minimum performance standards (MPS) that such equipment must meet to obtain an ATSO authorisation or letter of design approval, ensuring compatibility with Airservices Australia's Air Traffic Control system based on ADS-B and aligning with international standards set by the International Civil Aviation Organization (ICAO). The regulations have a national jurisdictional reach, impacting all entities and individuals involved in the manufacture, design, and operation of aircraft within Australia. The Act also empowers the Civil Aviation Safety Authority (CASA) to extend or restrict the application of these standards through subordinate instruments, which are subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003.
Key Provisions
Subsection 98(1) of the Civil Aviation Act 1988 mandates that the Governor-General can enact regulations aimed at ensuring the safety of air navigation. Regulation 21.601 of the Civil Aviation Safety Regulations 1998 sets out the requirements for the issuance of an Australian Technical Standard Order (ATSO). Specifically, ATSO C1004a has been issued by the Civil Aviation Safety Authority (CASA) to specify the minimum performance standards (MPS) that airborne Mode A/C Transponder equipment with Extended Squitter Automatic Dependent Surveillance – Broadcast (ADS-B) transmission capabilities must meet in order to gain ATSO authorisation or a letter of design approval. This ATSO provides prospective manufacturers with precise parameters for the Airservices Australia Air Traffic Control system based on ADS-B, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO).
The obligations imposed by ATSO C1004a primarily focus on ensuring that manufacturers adhere to the specified MPS to guarantee that their equipment meets the necessary performance criteria for ADS-B transmission. Manufacturers must ensure that their equipment aligns with these standards to achieve compliance and receive the requisite approvals from CASA. The standards outlined in the ATSO serve to guide manufacturers in designing equipment that will operate effectively within the Australian Air Traffic Control system, thereby enhancing overall air navigation safety.
Breach of the standards set out in ATSO C1004a could have significant implications. Equipment that does not meet the specified MPS may not be approved for use, potentially leading to operational disruptions and safety risks. While the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 outline various offences and penalties for non-compliance with aviation safety standards, the specific penalties for failing to meet the requirements of ATSO C1004a are not detailed in the provided text. However, non-compliance with aviation safety regulations generally can result in significant fines, legal action, and the potential grounding of non-compliant aircraft or equipment, thereby impacting the safety and efficiency of air navigation.
The legislative instrument nature of the ATSO, as outlined in paragraph 98(5)(5AA) of the Act, means that it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act. This process ensures transparency and parliamentary scrutiny of the standards set by CASA. The development of ATSO C1004a involved public consultation, with six responses from local and international stakeholders being considered and incorporated where appropriate, reflecting a commitment to inclusive and informed standard-setting.