CASA 14/13 - Instructions - GNSS as primary means of navigation for NDB and VOR (overlay) approach - Qantas Airways Limited

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Legislation au F2013L00157 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Instructions — GNSS as primary means of navigation for NDB and VOR (overlay) approach — Qantas Airways Limited

 

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.), specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.

 

Instructions

CASA issued instructions in Civil Aviation Order 20.91 (Instructions and directions for performance-based navigation) 2012 and instrument number CASA 356/12 directed to pilots in command of aircraft using a Global Navigation Satellite System (GNSS) and equipment in aircraft, and set out procedures to be followed when GNSS is used under different flight conditions.

 

The current GNSS rules allow the use of GNSS for primary means navigation under I.F.R. and Visual Flight Rules. In addition, modern RNP-capable aircraft have in their flight manual provisions that allow the flying on non-precision approaches using RNP capabilities of the aircraft without the specific approach aid being installed in the aircraft.

 

Instrument number CASA 64/12 contained instructions that allowed Qantas Airways Limited (Qantas) to reduce dependence on ground‑based systems. Subclause 3 (4) of Schedule 1 of that instrument allowed Qantas, for flight planning purposes, to retain NDB, VOR and DME in the ATC notification field of the flight plan regardless of the onboard equipment fitted and serviceable provided the conditions of that instrument were met. Airservices Australia has raised concerns about that subclause in relation to en route separation standards.

 

This instrument revokes and replaces instrument number CASA 64/12, with subclause 3 (4) of Schedule 1 removed. As a consequence of the removal of that subclause, subsequent subclauses have been renumbered.

 

Legislative Instruments Act

Under subregulation 179A (3A) of CAR 1988, an instruction that is not in the form of a Civil Aviation Order is a disallowable instrument for section 46A of the Acts Interpretation Act 1901. 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 under legislation in force before the commencement of the LIA. The instrument of instructions is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

This instrument has been requested by Airservices Australia and agreed to by Qantas. No further consultation under section 17 of the LIA has been undertaken.

 

Human Rights Compatibility

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Commencement and delegation

This instrument commences on the day after registration and stops having effect at the end of 31 July 2014. The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

[Instrument number CASA 14/13]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Instructions — GNSS as primary means of navigation for NDB and VOR (overlay) approach — Qantas Airways Limited

 

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 revokes and replaces instrument number CASA 64/12, which contained instructions relating to the use of the Global Navigation Satellite System as the primary means of navigation for the conduct of non-precision approach procedures and allowed Qantas Airways Limited (Qantas) to reduce dependence on ground‑based systems.

The primary effect of the Legislative Instrument is to remove a provision of the instructions that allowed Qantas, for flight planning purposes, to retain NDB, VOR and DME in the ATC notification field of the flight plan regardless of the onboard equipment fitted and serviceable provided the conditions of the instrument were met.

The objectives of the Legislative Instrument include addressing concerns raised by Airservices Australia about that provision in relation to en route separation standards.

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

Overview

The Civil Aviation Regulations 1988 were enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This legislation was introduced to address the need for clear and enforceable regulations governing the operation of aircraft and the safety of air navigation, thereby filling a gap left by previous aviation laws. Enacted by the Australian Parliament, the policy objective of the Civil Aviation Act 1988 is to ensure the safety of air navigation and to regulate the operation of aircraft. The Civil Aviation Regulations 1988 provide the Civil Aviation Safety Authority (CASA) with the authority to issue instructions regarding Instrument Flight Rules, including the use of Global Navigation Satellite Systems (GNSS) as a primary means of navigation. Recently, CASA issued specific instructions to Qantas Airways Limited, allowing the airline to reduce dependence on ground-based navigation systems. However, concerns were raised by Airservices Australia regarding the en route separation standards, leading to the revocation and replacement of certain provisions. This legislative instrument aims to address these concerns while ensuring compatibility with human rights.

Scope and Application

The Civil Aviation Regulations 1988, specifically under Section 98 of the Civil Aviation Act 1988, empower the Governor-General to create regulations concerning the safety of air navigation. Under subregulation 179A(1) of the Civil Aviation Regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue instructions pertaining to Instrument Flight Rules (I.F.R.), detailing the methods for aircraft navigation and the acquisition of a positive position fix. The instrument CASA 14/13 pertains to Qantas Airways Limited, aiming to revise the instructions regarding the use of Global Navigation Satellite System (GNSS) as the primary means of navigation for NDB and VOR (overlay) approach. This instrument revokes and replaces CASA 64/12, removing the provision that allowed Qantas to retain NDB, VOR and DME in the ATC notification field of the flight plan regardless of the onboard equipment. The Legislative Instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. It has been deemed compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Civil Aviation Regulations 1988, as amended, contain provisions that allow the Civil Aviation Safety Authority (CASA) to issue instructions regarding the use of Global Navigation Satellite System (GNSS) for primary means of navigation. Specifically, subregulation 179A(1) of the Civil Aviation Regulations 1988 empowers CASA to issue such instructions to ensure the safety of air navigation. These instructions were elaborated upon in Civil Aviation Order 20.91 and instrument number CASA 356/12, which detail the procedures and methods for GNSS navigation under various flight conditions. The obligations imposed on Qantas Airways Limited, as specified in the instrument number CASA 64/12, have now been modified. The key requirement is the cessation of the practice where Qantas could retain NDB, VOR, and DME in the ATC notification field of the flight plan regardless of the onboard equipment. This change is intended to address concerns raised by Airservices Australia about en route separation standards, ensuring that Qantas' flight plans accurately reflect the onboard navigational equipment. There are no specific offences, penalties, or civil/criminal consequences outlined for breach of these instructions in the provided text. However, as a legislative instrument, it is subject to disallowance under sections 38 and 42 of the Legislative Instruments Act 2003, which means that the Parliament has the authority to review and potentially disallow the instrument. Additionally, the instrument is compatible with human rights, as stated in the Statement of Compatibility with Human Rights attached to the Legislative Instrument, which confirms that the changes do not engage any applicable rights or freedoms.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.