CASA 263/02 - Parachute Descents - Authorisation and specification

Overview

CASA 263/02 – Parachute Descents – Authorisation and specification, enacted in 2002 and amended most recently in 2021, was introduced to provide a regulatory framework for parachute descents conducted by members of the Australian Skydiving Association (ASA). This legislative instrument, authorised by the Civil Aviation Safety Authority (CASA) under regulation 152 of the Civil Aviation Regulations 1988, aims to ensure that parachute descents are conducted safely and in accordance with specified operational regulations. The authorisation is given to the ASA to conduct parachute descents if members adhere to the specifications outlined in Schedule 1, which includes compliance with the ASA Operational Regulations. The policy objective is to maintain high safety standards in the sport of skydiving and to ensure that all participants are adequately trained and regulated. The legislation was prepared by the Advisory and Drafting Branch, Legal, International and Regulatory Affairs Division of CASA, reflecting a commitment to maintaining stringent safety measures in civil aviation activities.

Scope and Application

CASA 263/02 – Parachute Descents – Authorisation and Specification, under the Civil Aviation Regulations 1988, applies specifically to members of the Australian Skydiving Association (ASA) and anyone participating in parachute descents organised by ASA members. This legislation sets the framework and safety standards that must be adhered to by all individuals involved in such activities. The act applies nationally across Australia, as it is a regulation under the Commonwealth's Civil Aviation Regulations 1988. It mandates that all parachute descents by ASA members must comply with the ASA Operational Regulations, which are detailed in the associated schedules and updated periodically. Any amendments to the act, such as those introduced by CASA 100/21 – Parachute Descents (CASA 263/02 (Australian Skydiving Association) Amendment Instrument 2021, are incorporated into the main legislation to ensure consistent and up-to-date safety standards. This legislative instrument does not specify any exclusions or exemptions, thereby applying broadly to all parachute descents conducted by ASA members within Australia.

Key Provisions

The main operative sections of CASA 263/02 – Parachute Descents – Authorisation and specification (CASA 263/02) (in force under the Civil Aviation Regulations 1988) are found in Schedule 1. This legislation authorises members of the Australian Skydiving Association (ASA) to conduct parachute descents if they are carried out in accordance with the ASA Operational Regulations (1.1). Furthermore, members of the ASA are not permitted to commence a parachute descent unless the person involved is either a member of the ASA or has agreed in writing to be bound by the ASA Operational Regulations and complies with these regulations (1.2). The ASA Operational Regulations, which are referred to in the legislation, were available on the ASA website as of 17 November 2021. The Act imposes obligations and requirements on the parties it governs. Members of the ASA must conduct parachute descents in accordance with the ASA Operational Regulations (1.1). This implies that all activities related to a parachute descent must be in compliance with the regulations set forth by the ASA, ensuring a standardised and safe approach to parachute operations. Moreover, the legislation mandates that individuals must either be members of the ASA or have agreed to be bound by the ASA Operational Regulations and comply with these regulations before commencing a parachute descent (1.2). This ensures that all participants are aware of and adhere to the safety standards and operational guidelines established by the ASA. The legislation includes provisions for offences, penalties, and consequences for breaches. Although the specific penalties and consequences for breaches are not detailed within the text, it is reasonable to infer that any non-compliance with the ASA Operational Regulations could result in disciplinary actions by the ASA, potentially including suspension or revocation of membership for ASA members. Additionally, if the breach of the regulations results in a safety incident or endangers the lives of the participants, it could also lead to civil or criminal liability under other relevant laws, such as the Civil Aviation Act 1988 or state-based laws relating to negligence or reckless endangerment. The exact penalties would depend on the nature and severity of the breach and any subsequent legal proceedings.