Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Safety Regulations 1998
CASA 27/18 — ASRA National Championships (Dropping of Articles from Gyroplanes) Direction 2018
Purpose
The direction enables, and regulates, performance of the following actions by the Australian Sport Rotorcraft Association Inc. (ASRA), the ASRA representative and ASRA members:
(a) ASRA — holding a competition, known as ‘flour bombing’, at the ASRA National Championships (the Championships);
(b) the ASRA representative — assisting with the preparation of the Championships and, in particular, performing actions related to the safe conduct of the Championships, including the competition mentioned in paragraph (a);
(c) ASRA members —taking part in, or assisting with the holding of, that competition.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made the Civil Aviation Safety Regulations 1998 (CASR) and Civil Aviation Regulations 1988 (CAR).
Subpart 11.G of CASR provides for CASA to issue directions in relation to matters affecting the safety of air navigation. Under paragraph 11.245 (1) (a) of CASR, CASA may, by instrument, issue a direction about any matter affecting the safe navigation and operation of aircraft. Subregulation 11.245 (2) of CASR provides that CASA may issue such a direction if CASA is satisfied that it is necessary to do so in the interests of the safety of air navigation, if the direction is not inconsistent with the Act, and is for the purposes of CASA’s functions.
Under paragraph 11.250 (a) of CASR, a direction under regulation 11.245 ceases to be in force on the day specified in the direction. Under regulation 11.255 of CASR it is an offence of strict liability to contravene a direction under regulation 11.245.
Division 2 of Part 11 of CAR relates to flight rules and includes regulation 150, which relates to the dropping of articles. Subregulation 150 (1) provides that, subject to regulation 150, the pilot in command must not permit anything to be dropped from the aircraft. Under subregulation 150 (1A) of CAR an offence against subregulation (1) is an offence of strict liability. However, subparagraphs 150 (2)(viii), (ix) and (x) of CAR provides that nothing in regulation 150 prevents “the dropping of packages or other articles or substances … in the course of other operations” in accordance with directions issued by CASA “to ensure the safety of the aircraft as far as practicable” and “to minimise hazards to persons, animals or property”.
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Background
The Championships will take place this year in the period 30 March to 2 April 2018. However, the direction will remain in force for a period of 3 years and apply to Championships conducted during that period. This instrument repeals and replaces CASA 29/15, which expires at the end of 31 March 2018.
Instrument
The direction enables, and regulates, performance of the following actions by the Australian Sport Rotorcraft Association Inc. (ASRA), the ASRA representative and ASRA members:
(a) ASRA — holding a competition, known as ‘flour bombing’, at the ASRA National Championships (the Championships);
(b) the ASRA representative — assisting with the preparation of the Championships and, in particular, performing actions related to the safe conduct of the Championships, including the competition mentioned in paragraph (a);
(c) ASRA members —taking part in, or assisting with the holding of, that competition.
In accordance with subsection 33 (3) of the Acts Interpretation Act 1901, the instrument repeals CASA 29/15, which is no longer required with the making of this instrument.
Legislation Act 2003 (the LA)
Paragraph 10 (1) (d) of the LA provides that an instrument will be a legislative instrument if it includes a provision that amends or repeals another legislative instrument. This instrument repeals instrument CASA 29/15 that was registered as a legislative instrument and is, therefore, also a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
General consultation about this instrument has not been undertaken with the aviation industry. This instrument replaces a previous instrument which expires at the end of 31 March 2018 (CASA 29/15) and is made in substantially similar terms. The instrument is issued for the limited purpose of allowing the conduct of a recreational activity by gyroplane pilots for a fixed period at 1 location each year. Although the direction has a duration of 3 years, it only has effect while the Championships are being conducted. The operator of the aerodrome at which the competition is to be conducted in 2018 has given consent for the Championships to proceed at that location. In those circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LA.
The General, Recreational and Sports Aviation Branch of CASA has assessed ASRA’s application for the renewal of the direction, including a risk analysis provided by ASRA and is satisfied that there are no adverse safety implications in relation to granting the exemption.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required in this case, as the directions are covered by a standing agreement between CASA and OBPR under which a RIS is not required for directions (OBPR id: 14507).
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.
Making and commencement
The instrument commences on the day of registration and is repealed at the end of 28 February 2021.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA 27/18 — ASRA National Championships (Dropping of Articles from Gyroplanes) Direction 2018
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 instrument is issued for the limited purpose of allowing the conduct of a recreational activity by gyroplane pilots for a fixed period at 1 location each year. Although the direction has a duration of 3 years, it only has effect while the Championships are being conducted. The operator of the aerodrome at which the competition is to be conducted in 2018 has given the required consent for the Championships to proceed at that location. In those circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LA.
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