Explanatory Statement
Civil Aviation Regulations 1988
Instructions — RNP APCH LNAV and RNP APCH LNAV/VNAV on Qantas B737-800 aircraft
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in relation to the safety of air navigation.
Under subregulation 179A (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions in relation to Instrument Flight Rules (I.F.R.) flights specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.
Instrument CASA 61/11 approved B737-800 aircraft equipped with computerised flight management systems operated by Qantas Airways Limited (the operator), to conduct new required navigation performance approach (RNP APCH) procedures procedures on the basis of their RNP capability.
The instrument has to be replaced because of a revision of the maximum permitted lateral cross-track error from 0.20 nautical mile to 0.30 nautical mile.
Conditions and procedures
The instrument sets out the conditions to be satisfied by the operator and the specified aircraft, and the procedures to be followed, during an RNP APCH LNAV or RNP APCH LNAV/VNAV.
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares instructions to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument in legislation in force before the commencement of the LIA. The instructions are, therefore, a legislative instrument and are subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is an update of a similar instrument issued to the operator. If in accordance with the ICAO standard, a similar instrument would be issued to any operator whose relevant aircraft can meet the required standard of navigation performance and are expressly endorsed as such by their manufacturer.
Compatibility with human rights and freedoms
This 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 as it does not raise any human rights issues. It does not engage any of the applicable rights or freedoms.
Commencement and making
The instrument commences on the day after registration and stops having effect at the end of April 2014.
The instrument has been made by a delegate of CASA under regulation 11.260 of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 136/12]