Explanatory Statement
Civil Aviation Safety Regulations 1998
Direction — conduct of parachute training operations
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. Under subsection 98 (5A) of the Act, the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation, maintenance or airworthiness of, or design standards for, aircraft.
Under regulation 11.245 of the Civil Aviation Safety Regulations 1998 (CASR), for subsection 98 (5A) of the Act, CASA may, by instrument, issue a direction about any matter affecting the safe navigation and operation, maintenance or airworthiness of, or design standards for, aircraft. However, CASA may issue such a direction only if CASA is satisfied that it is necessary to do so in the interests of the safety of air navigation, the direction is not inconsistent with the Act, and the direction is for the purposes of CASA’s functions. CASA’s functions include, under section 9 of the Act, the safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise aviation safety standards.
If a direction under regulation 11.245 specifies a day on which it ceases to be in force, under regulation 11.250 of CASR, the direction ceases to be in force on that day.
Under regulation 11.255 of CASR, it is an offence of strict liability for a person to contravene a direction under regulation 11.245 that is applicable to the person.
Background
The dropping of parachutists engaged in training operations is regarded by CASA as a private operation. These operations are regarded by CASA as being in a separate category from those operations involving parachuting as a sporting activity carried out by established clubs. The second category is carried out in accordance with authorisations and specifications, issued under regulation 152 of the Civil Aviation Regulations 1988.
Since the first category of parachute operations was regarded as private, the aircraft involved were maintained to private operations standards and only required to be inspected annually, with engines being operated on condition, meaning that they could be operated until a licensed aircraft maintenance engineer refused to sign off on the annual inspection for that aircraft with that engine in it.
CASA issued a direction (CASA 12/15) that contained directions relating to aircraft engaged in parachute training operations by organisations that are members of the Australian Skydiving Association Inc. (the ASA), including the imposition of more onerous maintenance requirements for aircraft used for parachute operations. That instrument expired at the end of 31 January 2017. This instrument renews the direction in CASA 12/15, with amendments discussed below.
This instrument is also similar to an instrument issued by CASA relating to operations by members of the Australian Parachute Federation Ltd that conduct parachute training operations in Australia (CASA 06/16).
Responsibility for not entering restricted area
Subsection 11 (3) of CASA 12/15 provided that, up to and including flight level 150, air traffic control (ATC) may assign to the pilot of a jump aircraft responsibility for not entering an active restricted area that has been designated for non-flying military activities or military flying in which ATC services are not provided.
The corresponding provision in this instrument (subsection 10 (3)) provides that, up to and including flight level 150, ATC may assign to the jump pilot responsibility for not entering an active restricted area that has been designated for non-flying activities or flying activities for which ATC services are not provided. The activities no longer need to be military in nature. This is consistent with the conditions in CASA 06/16.
Other amendments
A number of consequential and technical amendments have also been made to clarify the intended operation of the directions. These include the amendment of the definition of parachute training operation to include an aircraft operation involving a descent by a novice parachutist and the inclusion of new definitions of the ASA Operational Regulations and ASA Training Operations Manual. The requirements of the Operational Regulations and Manual are incorporated as they exist from time to time, in accordance with subsection 98 (5D) of the Act.
No other changes have been made to CASA 12/15.
Documents incorporated by reference
The instrument incorporates the ASA Operational Regulations, the ASA Jump Pilot Handbook and the ASA Training Operations Manual by reference.
The ASA Operational Regulations governs the conduct of all parachuting operations undertaken by the ASA. The ASA Jump Pilot Handbook provides standard operating procedures for ASA pilots. The ASA Training Operations Manual governs the specific training requirements for all parachute training operations conducted by the ASA.
These documents are available from the ASA. The instrument only applies to organisations that are members of the ASA. Those organisations have access to those documents.
Legislation Act 2003 (the LA)
Under subsection 98 (5AA) of the Act, an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if it is expressed to apply in relation to a class of persons or a class of aircraft (as distinct from a particular person or aircraft).
The instrument applies to a class of aircraft, being aircraft engaged in parachute training operations by organisations that are members of the ASA. Therefore, the instrument is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
The instrument was requested by the ASA, which represents organisations and operators engaged in parachute training operations that are affected by this instrument. The instrument renews a direction that was previously in force, with minor amendments. Airservices Australia, as the organisation responsible for air navigation services including ATC, agreed to the amended condition relating to responsibility for not entering an active restricted area when CASA 06/16 was being developed. In these circumstances, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the LA.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the direction is covered by a standing agreement between CASA and OBPR under which a RIS is not required for a direction (OBPR id: 14507).
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, relying on the power of delegation in regulation 11.260 of CASR.
The instrument commences on the day of registration. It ceases to be in force and is repealed at the end of 31 January 2020.
[Instrument number CASA 11/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Direction — conduct of parachute training operations
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 contains directions relating to aircraft engaged in parachute training operations by organisations that are members of the Australian Skydiving Association Inc.
The purpose of this legislative instrument is to renew an earlier instrument (CASA 12/15) which has expired, to update a condition relating to air traffic control clearance in relation to restricted areas, and to make other minor and technical amendments.
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