Explanatory Statement
Civil Aviation Regulations 1988
Permission — flying over a public gathering at the Australian International Air Show, Avalon
Permission — flying below minimum height at the Australian International Air Show, Avalon
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under subregulation 156 (1) of the Civil Aviation Regulations 1988 (CAR 1988), an aircraft must not, among other things, fly over a public gathering except with the permission of CASA. A permission may be given subject to conditions.
Under subregulation 157 (1) of CAR 1988, a pilot must not fly an aircraft over a city, town or populous area at a height lower than 1 000 feet. Under paragraph 157 (4) (b), CASA may give permission for the pilot to do so.
Paragraph 4.2 (2) of Civil Aviation Order 29.4 (CAO 29.4), made under regulation 156 of CAR 1988, sets out the distances that are to be maintained between aircraft and spectators at air shows.
The Australian International Air Show 2013 (the Air Show) is to be held at Avalon, Victoria. For the display to take place, permissions are required under subregulation 156 (1) and paragraph 157 (4) (b) of CAR 1988.
The distances set out in paragraph 4.2 (2) of CAO 29.4 are also varied for the Air Show. The instrument not only gives permission for the slower aircraft types to operate closer to spectators but also increases the distance between spectators and the larger aircraft and high-speed aircraft. The variation in distances between spectators and aircraft taking part in the Air Show provides a better match of risk versus crowd separation. The variation from CAO 29.4 draws on best overseas practice from the United Kingdom and the United States of America.
Legislative Instruments Act
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. Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order (the CAO), and CASA later issues a direction or permission that affects the operation of the CAO, the later document is declared to be a disallowable instrument. The instrument affects the operation of paragraph 4.2 (2) of CAO 29.4.
The permission 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 permissions have been requested by the organiser of the Air Show. Further consultation under section 17 of the LIA has not been undertaken because the instrument is of a minor and machinery nature required to ensure the safe conduct of the Air Show. Similar instruments have been issued previously for air shows.
Compatibility with human rights and freedoms
A statement of compatibility with human rights is at Attachment 1.
Commencement and making
The instrument commences on 21 February 2013 and stops having effect at the end of 5 March 2013.
The instrument 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 24/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Permission — flying over a public gathering at the Australian International Air Show, Avalon
Permission — flying below minimum height at the Australian International Air Show, Avalon
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 permits aircraft participating in the Australian International Air Show 2013 (the Air Show) at Avalon, Victoria between 21 February 2013 and 5 March 2013 to fly over a public gathering, and sets out the distances to be maintained between aircraft and spectators. The distances between spectators and aircraft provides a better match of risk versus crowd separation and draws on best overseas practice from the United Kingdom and the United States of America.
The permission is subject to conditions imposed by CASA in the interest of safety of air navigation.
The primary purpose of the legislative instrument is to allow the conduct of the Air Show and the safe operation of aircraft in the context of the Air Show.
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