EXPLANATORY STATEMENT
CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS
PERMISSION UNDER SUBREGULATION 177 (3)
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Regulation 5A of the Civil Aviation Regulations provides that a permission that has the effect of repealing, amending, or otherwise affecting the operation of, anything in a Civil Aviation Order is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Subregulation 177 (lA) provides that an aircraft must not be flown under the Instrument Flight Rules (the I.F.R.) unless it is equipped with suitable flight instruments as required by CASA. Appendix IV to section 20.18 of the Civil Aviation Orders sets out flight instruments required for flights under the I.F.R., including an outside air temperature indicator.
Under subregulation 177 (3), CASA may give permission for an aircraft not equipped with flight instruments as required by CASA under subregulation 177 (lA) to be flown under the I.F.R.
The ex-military aircraft (BAC 167 Strikemasters) listed in the Schedule to the attached permission do not have outside air temperature indicators. Outside air temperature indicators were not fitted to these kind of aircraft while they were used in military service. They were designed to operate without this equipment and, accordingly, it is considered unnecessary to require the modifications necessary to fit the indicators. The attached permission under subregulation 177 (3) enables each aircraft listed in the Schedule to be flown under the I.F.R. without being equipped with an outside air temperature indicator.
The permission for each aircraft is subject to the condition that the aircraft is only used to carry out private operations.
CASA considers that the permission is not detrimental to the safety of air navigation in general.
The permission has been issued by a delegate of CASA.
The permission took effect on gazettal.