Explanatory Statement
Civil Aviation Regulations 1988
Instructions — V.F.R flights conducted by CGG Aviation (Australia) Pty Ltd
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 174D (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions in relation to Visual Flight Rules (V.F.R.) flights specifying the method by which an aircraft is to be navigated, how a positive position fix for an aircraft is to be obtained, and how often a positive position fix is to be obtained.
Instrument
The instrument applies to the aircraft operated by CGG Aviation (Australia) Pty Ltd (the operator). It contains instructions which the operator must follow if using GPS navigation equipment to obtain a positive position fix when conducting a V.F.R. flight over the sea below 2 000 feet above mean sea level. Under the instrument, the operator is instructed to comply with a series of instructions set out in Schedule 1, including the standards applicable to the GPS, flight crew competency and procedures.
Legislative Instruments Act 2003 (the LIA)
Under section 5 of the LIA, subject to sections 6, 7 and 9 of the LIA, a legislative instrument is an instrument in writing that is of a legislative character, and that is or was made in the exercise of a power delegated by the Parliament.
Under subparagraph 6 (d) (i) of the LIA, an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under subregulation 174D (3A) of CAR 1988, if an instruction is not issued in the form of a Civil Aviation Order, it is a disallowable instrument.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The operator has requested this instrument to enable it to satisfactorily carry out its operations. It is expected that the instrument will not have a negative impact on aviation safety. In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for directions (OBPR id: 14507).
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on the day after registration and expires at the end of August 2016, as if it had been repealed by another instrument.
[Instrument number CASA 105/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Instructions — V.F.R flights conducted by CGG Aviation (Australia) Pty Ltd
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
The legislative instrument applies to aircraft operated by CGG Aviation (Australia) Pty Ltd (the operator). It contains instructions which the operator must follow if using GPS navigation equipment to obtain a positive position fix when conducting Visual Flight Rules flights over the sea at an altitude below 2 000 feet. Under the instrument, the operator is instructed to comply with a series of instructions set out in Schedule 1, including the standards applicable to the GPS, flight crew competency and procedures.
The purpose of the legislative instrument is to allow the use of GPS navigation equipment with appropriate safeguards. It is expected that the exemption will not have a negative impact on aviation safety.
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