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.
CASA issued instructions for I.F.R. in Civil Aviation Order 20.91 (Instructions and directions for performance-based navigation) 2012 and in instrument number CASA 356/12. Both instruments instruct pilots in command of aircraft on the use of the Global Navigation Satellite System (GNSS) and equipment in aircraft, and set out procedures to be followed when GNSS is used under different flight conditions.
Instrument
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 provisions in their flight manual that allow non-precision approaches using RNP capabilities of the aircraft without the specific approach aid being installed in the aircraft. This instrument contains instructions that allow Qantas Airways Limited (the operator) to reduce dependence on ground-based systems.
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 instruction 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
The previous issue of this instruction, CASA 14/13, was agreed to by Airservices Australia and the operator. The operator has requested the continuation of these instructions and accordingly, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).
Making and commencement
The instructions have been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
The instrument commences on 1 August 2014. It expires at the end of July 2017, as if it had been repealed by another instrument.
[Instrument number CASA 157/14]
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
This legislative instrument continues a previous instruction, CASA 14/13, which expired at the end of 31 July 2014. The instrument contains 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 allows Qantas Airways Limited to reduce dependence on ground‑based systems.
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