Explanatory Statement
Civil Aviation Act
Civil Aviation Safety Regulations 1998
Australian Technical Standard Order C1005a
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 C1005a which is intended to prescribe the minimum performance standards (MPS) which airborne stand-alone equipment with Extended Squitter Automatic Dependant Surveillance – Broadcast (ADS-B) transmit only 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 C1005 was published on 21 December 2004. 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of the technology, the primary reference material from RTCA Inc. that the ATSO was derived from has been updated or superseded.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 C1005a 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 C1005a]
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, governs the regulation of civil aviation and air navigation within Australia. This Act provides a framework for ensuring the safety of air navigation, with specific provisions allowing the Governor-General to make regulations under its authority. One such regulation, 21.601, prescribes the requirements for the issue of Australian Technical Standard Orders (ATSO). The Australian Technical Standard Order C1005a was introduced to address the need for updated minimum performance standards (MPS) for airborne stand-alone equipment with Extended Squitter Automatic Dependent Surveillance – Broadcast (ADS-B) transmit only capability. This ATSO is intended to ensure that equipment manufactured in Australia meets the necessary standards for integration with Airservices Australia's Air Traffic Control system based on ADS-B, aligning with international standards mandated by the International Civil Aviation Organization (ICAO). By updating the ATSO, the regulation aims to maintain the relevance and consistency of Australian-made equipment, thereby preventing potential mismatches with international standards and ensuring continued safety and functionality within the air navigation system.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, provide the legal framework under which Australian Technical Standard Orders (ATSO) are issued to ensure that airborne equipment, such as those with Extended Squitter Automatic Dependent Surveillance – Broadcast (ADS-B) transmit only capability, meet specified minimum performance standards (MPS). Subsection 98(1) of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, which in this case pertains to the safety of air navigation. Regulation 21.601 specifically mandates the requirements for issuing an ATSO, such as ATSO C1005a, which outlines the necessary standards for equipment used in air traffic control systems. These standards are not only intended to ensure safety but also to align with international standards set by the International Civil Aviation Organization (ICAO). The ATSO C1005a is applicable to any person or entity involved in the design, manufacture, or operation of airborne stand-alone equipment with ADS-B transmit only capability within Australia. Given its legislative nature, the ATSO is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. Public consultation was undertaken during the drafting of the ATSO, ensuring that the views of local and international stakeholders were considered.
Key Provisions
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations that are necessary for the purposes of the Act and for the safety of air navigation. Regulation 21.601 of the Civil Aviation Safety Regulations 1998 (CASR) specifies the requirements for issuing an Australian Technical Standard Order (ATSO). This regulation enables the Civil Aviation Safety Authority (CASA) to issue an ATSO, such as ATSO C1005a, which sets out the minimum performance standards (MPS) that airborne stand-alone equipment with Extended Squitter Automatic Dependent Surveillance – Broadcast (ADS-B) transmit-only capability must meet to gain ATSO authorisation or a letter of design approval. The ATSO serves as a guideline for manufacturers, detailing the specific parameters required for Airservices Australia's Air Traffic Control system based on ADS-B, ensuring alignment with international standards set by the International Civil Aviation Organization (ICAO).
The Act and CASR impose several obligations on entities governed by these laws. For example, manufacturers of airborne stand-alone equipment with ADS-B transmit-only capability must comply with the MPS outlined in ATSO C1005a to ensure their products meet the required standards for air traffic control systems. CASA, in turn, has the responsibility of issuing and updating these standards to maintain safety and relevance in the rapidly evolving field of aviation technology. Additionally, CASA must ensure that any new or updated ATSOs are subjected to public consultation to incorporate feedback from relevant stakeholders, thereby improving the standard's practicality and effectiveness.
Failure to comply with the provisions set out in ATSO C1005a can result in significant consequences. If equipment does not meet the specified MPS, it risks not providing the functionality expected by air traffic control, thereby compromising the safety and efficiency of air navigation. Under Civil Aviation Order 20.18, such non-compliance can lead to penalties or other enforcement actions. While specific penalties are not detailed in the provided text, they may include fines, suspension of design approval, or other regulatory measures designed to ensure adherence to safety standards. The seriousness of these consequences underscores the importance of adhering to the standards set forth in the ATSO.