Explanatory Statement
Civil Aviation Regulations 1988
Permissions under CAR 143 and 144 — to have firearms in an aircraft of the Western Australia Police Air Wing and discharge a firearm from the aircraft
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Carriage of firearms in an aircraft
Subregulation 143 (1) of the Civil Aviation Regulations 1988 (CAR 1988) states that a person, including a flight crew member, must not carry a firearm in, or have a firearm in his or her possession in, an aircraft other than an aircraft engaged in charter operations or regular public transport operations.
Subregulation 143 (3) states that it is a defence to a prosecution under subregulation 143 (1) if the person had the written permission of CASA to have the firearm in the aircraft.
Discharge of firearms in or from an aircraft
Subregulation 144 (1) of CAR 1988 states that a person, including a flight crew member, must not discharge a firearm while on board an aircraft.
Subregulation 144 (3) states that it is a defence to a prosecution under subregulation 143 (1) if:
(a) the person had the written permission of CASA to discharge the firearm while on board the aircraft; and
(b) the firearm was discharged in accordance with the conditions (if any) specified in the permission.
Background
This permission applies to aircraft operated by the State of Western Australia through the Commissioner of Police under 2 Air Operator’s Certificates for fixed wing and rotary aircraft. It allows the carriage of firearms in flight by the operator and allows members of the named government departments and authorities to discharge the firearms while on the aircraft.
The permission is subject to conditions. The carriage of firearms is permitted for the members of the named government departments and authorities in the execution of their duties. The manner of control of the firearms and firing methods must be as directed by the State of Western Australia through the Commissioner of Police operations manual for the AOCs. Other conditions are as follows.
Unloaded weapons, including concealed weapons, may be carried by persons to whom the instrument applies in the execution of their duties when carried in fixed and rotary wing aircraft operated by the Western Australia Police Service.
Discharge of firearms from aircraft must only be with the approval of the pilot in command.
Each firearm carried must be registered in accordance with the legal requirements of the State or Territory in which the operations are being conducted.
Any person who discharges a firearm in or from an aircraft, must not have been on duty for greater than 10 hours at the completion of the flight.
Before flight, and before authorising any discharge of a firearm in or from an aircraft, the pilot in command must be satisfied that the person who will discharge the firearm is rested and is not suffering from excessive fatigue incurred during any previous duty or function.
Legislative Instruments Act 2003 (the LIA)
The permission is considered to be a legislative instrument for section 5 of the LIA. It is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The instrument has been issued to the West Australian Government acting through the Western Australia Police Air Wing. It has been issued to give legal certainty to operations in aircraft of the Western Australia Police Air Wing concerned with law enforcement and is intended to cover operations of the type currently conducted by the Western Australia Police Air Wing in conjunction with other government departments and authorities.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument has been made by a delegate of CASA duly appointed under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
The instrument commences on the day after registration and expires at the end of December 2017, as if it had been repealed by another instrument.
[Instrument number CASA 06/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Permissions under CAR 143 and 144 — to have firearms in an aircraft of the Western Australia Police Air Wing and discharge a firearm from the aircraft
This 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
This legislative instrument applies to aircraft operated by the State of Western Australia through the Commissioner of Police. It allows the carriage of firearms in flight and allows members of the named government departments and authorities to discharge the firearms while on the aircraft.
The purpose of this legislative instrument is to regulate and standardise conditions under which firearms may be carried by a law enforcement body. Firearms may be carried and discharged by a person to whom the instrument applies only if it is in the course of their duties and in accordance with the Commissioner of Police procedures manual.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
It seeks to regulate the use of firearms by a law enforcement authority, in order to ensure it is only done in accordance with standardised procedures and in accordance with instructions issued for their proper use. The Civil Aviation Regulations 1988 make provision for its issue.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues. It only seeks to regulate the carriage and use of firearms by persons who are entitled to use them in the course of their duties.
Civil Aviation Safety Authority