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.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for regulating civil aviation activities in Australia, addressing the need for safety, efficiency, and orderly development of civil aviation. This legislation empowers the Governor-General to make regulations, with the Civil Aviation Regulations detailing specific operational standards and procedures. One such regulation is the allowance under subregulation 177(3) of the Civil Aviation Regulations, which provides the Civil Aviation Safety Authority (CASA) with the authority to grant permissions for aircraft to be operated under Instrument Flight Rules (IFR) even if they are not equipped with certain required flight instruments. Specifically, this permission addresses the exemption of ex-military BAC 167 Strikemaster aircraft from the requirement to have an outside air temperature indicator, as these aircraft were originally designed to operate without such equipment in military service. CASA has determined that requiring modifications to fit these indicators is unnecessary and has issued permissions for these aircraft to be flown under IFR for private operations, ensuring that this exemption does not compromise the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, alongside its associated Civil Aviation Regulations, governs various aspects of civil aviation in Australia, including the operation of aircraft, pilot qualifications, and air navigation. In particular, regulation 5A under the Act stipulates that permissions affecting the operation of Civil Aviation Orders are disallowable instruments. Subregulation 177(1A) mandates that aircraft must be equipped with specific flight instruments, such as an outside air temperature indicator, to be flown under the Instrument Flight Rules (I.F.R.). However, subregulation 177(3) allows the Civil Aviation Safety Authority (CASA) to grant permissions for aircraft not equipped with these instruments to fly under the I.F.R., provided it does not compromise air navigation safety. The attached permission exempts certain ex-military BAC 167 Strikemaster aircraft from the requirement to have an outside air temperature indicator, as these aircraft were originally designed to operate without it. This exemption is contingent on the aircraft being used solely for private operations. The permission, which took effect upon gazettal, is issued by a delegate of CASA and ensures these specific aircraft can legally fly under the I.F.R. without the specified instrument.
Key Provisions
The Civil Aviation Act 1988, through section 98, grants the Governor-General the authority to enact regulations necessary for the governance of civil aviation in Australia. Regulation 5A of the Civil Aviation Regulations specifies that any permissions that amend, repeal, or otherwise impact Civil Aviation Orders are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Subregulation 177(1A) mandates that aircraft must be equipped with specific flight instruments to operate under Instrument Flight Rules (I.F.R.). These requirements are detailed in Appendix IV to section 20.18 of the Civil Aviation Orders, which includes an outside air temperature indicator among other instruments. However, subregulation 177(3) allows the Civil Aviation Safety Authority (CASA) to grant exemptions for certain aircraft not meeting these requirements.
The permission granted under subregulation 177(3) specifically applies to ex-military BAC 167 Strikemaster aircraft listed in the attached schedule. These aircraft were not originally equipped with outside air temperature indicators during their military service and were designed to operate without them. Consequently, CASA has determined that it is unnecessary to retrofit these aircraft with the required indicators. The permission allows these aircraft to operate under I.F.R. without the necessity of an outside air temperature indicator, provided the aircraft are used solely for private operations. This permission is contingent on CASA’s assessment that such an exemption does not compromise the overall safety of air navigation.
CASA has issued the permission on behalf of the Governor-General and has concluded that allowing these ex-military aircraft to operate without the outside air temperature indicators will not negatively impact general air safety. The permission, which took effect upon gazette, is subject to strict conditions, including the limitation of use to private operations only. This ensures that the aircraft are not used in commercial or other operations where the absence of the specified instruments might pose a greater risk. The issuance of such permissions by CASA is carefully considered and based on detailed assessments to maintain the high standards of safety required in civil aviation.
The implications of breaching the conditions set by CASA in this permission are significant. While the explanatory statement does not explicitly outline specific civil or criminal penalties, the overarching regulatory framework of the Civil Aviation Act 1988 and related regulations could impose substantial penalties for non-compliance. Offences under these acts may lead to fines, imprisonment, or both, depending on the severity and nature of the breach. Furthermore, CASA retains the authority to revoke permissions if it is found that an aircraft is being used in a manner inconsistent with the conditions of the permission, thereby exposing the operator to potential legal and operational repercussions.