CASA 03/19 — Repeal of CASA 178/10 Instrument 2019

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2019L00066 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

CASA 03/19 — Repeal of CASA 178/10 Instrument 2019

Purpose

The purpose of instrument CASA 03/19 — Repeal of CASA 178/10 Instrument 2019 is to repeal CASA 178/10 – Designation – Class E airspace at Avalon for VFR broadcasts; Directions – VFR broadcasts and frequency for Avalon ATC tower hours.

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made the Civil Aviation Regulations 1988 (CAR).

 

Under paragraph 99A (1) (b) of CAR, the Civil Aviation Safety Authority (CASA) may designate airspace within defined horizontal and vertical limits as an area (a designated area) in which broadcast requirements apply.

 

Under subregulation 99A (3) of CAR, CASA may give directions specifying:

(a)        the broadcast requirements that apply; and

(b)       the radio frequency on which broadcasts must be made;

in a designated area.

 

Under subregulation 99A (5) of CAR, a pilot in command of an aircraft that is operating in a designated area must not contravene a direction that applies to the area. Subregulation 99A (6) states that an offence against subregulation (5) is an offence of strict liability.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901 (the AIA), where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Background

Since 2010 Avalon aerodrome has operated as a Class D aerodrome, with a region of Class E airspace above and, to the north and south, lateral to the Class D control zone (CTR). Due to the surveillance requirements associated with this airspace configuration and equipment limitations at Avalon aerodrome, the air traffic management service in the Class D CTR is not provided by the Avalon air traffic control (ATC) tower on the local frequency, but rather by the Melbourne Terminal Control Unit (TCU) on the Avalon Approach (AV APP) frequency.

 

Traffic in the Class E airspace surrounding Avalon aerodrome is likewise managed by the Melbourne TCU on the AV APP frequency.

 

Overview of instrument

Instrument CASA 142/10 – Directions and determinations – Class D airspace (FRL ID F2010L01275) requires that before entering Class D airspace, and while in it, the pilot in command of an aircraft must establish 2-way radio communication with the relevant ATC tower. Relevant ATC tower, for this purpose, is defined as the ATC tower or other facility that provides ATC services for a particular Class D CTR, or its associated Class D airspace. For Avalon aerodrome the relevant ATC tower is the Melbourne TCU, and radio communications are broadcast on the AV APP frequency.

 

The instrument to be repealed, CASA 178/10, requires that before entering Class E airspace in proximity to Avalon aerodrome, and while in it, the pilot in command of an aircraft must establish 2-way radio communication on the local Avalon ATC tower frequency. This requirement was intended to mitigate risks arising from transiting or approaching traffic in Class E airspace listening to, and broadcasting on, a different frequency to that in use by Class D traffic in circumstances where ATC services are provided by the local ATC tower. Since the ATC services at Avalon aerodrome are provided by the Melbourne TCU on the AV APP frequency for traffic in both Class D and Class E airspace around Avalon aerodrome, CASA is repealing CASA 178/10 in accordance with subsection 33 (3) of the AIA.

 

Content of instrument

This instrument repeals CASA 178/10.

 

Legislation Act 2003 (the LA)

Under paragraph 10 (1) (d) of the LA, an instrument is a legislative instrument if it includes a provision that amends or repeals another legislative instrument. This instrument repeals CASA 178/10, which is a legislative instrument. Therefore, this instrument is also a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

CASA has consulted Airservices Australia, which supported the proposed repeal of CASA 178/10.

 

In these circumstances, and given the long-standing arrangements for management of air traffic at Avalon aerodrome using the AV APP frequency, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because this instrument is covered by standing agreements between CASA and OBPR under which a RIS is not required (OBPR id: 24429, 14507).

 

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.

 

Making and commencement

This instrument has been made by a delegate of CASA, relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.

 

This instrument commences on the day after it is registered, and is automatically repealed in accordance with section 48A of the LA.

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

CASA 03/19 — Repeal of CASA 178/10 Instrument 2019

 

The legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The purpose of this legislative instrument is to repeal instrument CASA 178/10 – Designation – Class E airspace at Avalon for VFR broadcasts; Directions – VFR broadcasts and frequency for Avalon ATC tower hours.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Regulations 1988, as amended by CASA 03/19 — Repeal of CASA 178/10 Instrument 2019, address the need to streamline air traffic management protocols at Avalon aerodrome. Enacted by the Civil Aviation Safety Authority (CASA), this legislative instrument repeals CASA 178/10, which previously required pilots to establish two-way radio communication on a local Avalon ATC tower frequency before entering or while in Class E airspace. Given the operational reality that air traffic management services at Avalon are provided by the Melbourne Terminal Control Unit (TCU) on the Avalon Approach (AV APP) frequency for both Class D and Class E airspace, CASA determined that the previous requirement was unnecessary and could be repealed. This repeal aligns with the overarching policy objective of enhancing safety and efficiency in air navigation, ensuring that pilots operate under consistent communication protocols that match the actual provision of air traffic services. This instrument, made under the authority conferred by Section 98 of the Civil Aviation Act 1988 and Section 33 of the Acts Interpretation Act 1901, effectively repeals CASA 178/10 in accordance with the legislative framework that allows for the amendment or repeal of existing regulations. The decision to repeal was supported by consultation with Airservices Australia and deemed compatible with human rights, as it does not raise any human rights issues. The instrument will automatically be repealed under the Legislation Act 2003 once registered, reflecting CASA's commitment to maintaining current and effective regulatory standards.

Scope and Application

Instrument CASA 03/19—Repeal of CASA 178/10 Instrument 2019, issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, is a legislative instrument designed to repeal CASA 178/10, which previously required pilots to establish two-way radio communication on a specific Avalon ATC tower frequency when entering or operating within Class E airspace in proximity to Avalon aerodrome. This repeal aligns with the current operational setup where air traffic management services for both Class D and Class E airspace around Avalon aerodrome are provided by the Melbourne Terminal Control Unit (TCU) on the Avalon Approach (AV APP) frequency. The instrument applies to all pilots operating aircraft in or around Avalon aerodrome, ensuring compliance with the updated communication protocols. This change does not extend to other airspaces or aerodromes, maintaining the specific requirements and exclusions pertinent to Avalon aerodrome only. The instrument was made under the power delegated to the Civil Aviation Safety Authority (CASA) and will commence on the day after its registration, with an automatic repeal as per the Legislation Act 2003. The instrument has been reviewed for compatibility with human rights, confirming no adverse implications for the applicable rights and freedoms.

Key Provisions

The main operative sections of CASA 03/19, which repeals CASA 178/10, are sections 10(1)(d) of the Legislation Act 2003 and subregulation 33(3) of the Acts Interpretation Act 1901. These sections empower the Civil Aviation Safety Authority (CASA) to repeal CASA 178/10, which required pilots to establish two-way radio communication on the local Avalon ATC tower frequency before entering and while in Class E airspace around Avalon aerodrome. CASA 03/19 removes this requirement due to the management of air traffic at Avalon aerodrome being provided by the Melbourne Terminal Control Unit (TCU) on the Avalon Approach (AV APP) frequency for both Class D and Class E airspace. The obligations and requirements imposed by CASA 03/19 on parties or entities it governs are primarily to align with the current air traffic management practices at Avalon aerodrome. Pilots are no longer required to establish two-way radio communication on the local Avalon ATC tower frequency for Class E airspace. Instead, they must communicate on the AV APP frequency managed by the Melbourne TCU. This change ensures consistency and safety in communication practices around Avalon aerodrome, given that the same frequency is used for both Class D and Class E airspace. In terms of offences, penalties, or consequences for breach, CASA 03/19 does not introduce new offences or penalties as it is primarily a repeal instrument. However, under subregulation 99A(5) of the Civil Aviation Regulations 1988, a pilot in command who contravenes a direction applicable to a designated area, such as the one repealed by CASA 03/19, commits an offence of strict liability. The maximum penalty for such an offence could be determined by the court under the relevant provisions of the Civil Aviation Act 1988 or other applicable legislation. The repeal itself does not create new civil or criminal consequences, but it ensures that pilots comply with the current requirements, avoiding any potential penalties for non-compliance with outdated directives.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.