Explanatory Statement
Civil Aviation Regulations 1988
Revocation of instrument CASA 285/11 — instructions for RNAV (GNSS) approaches by Virgin Australia International B777 aircraft
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.) flights specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.
Virgin Australia International Airlines Pty Ltd, trading as V Australia (V Australia), was issued with such instructions (CASA 285/11) for its Boeing 777 aircraft which allowed the aircraft to use the Global Navigation Satellite System (GNSS).
A later instrument was issued to V Australia (CASA 45/12) which allows the use of GNSS by all its aircraft.
As a result, instrument CASA 285/11 is no longer required.
Legislative Instruments Act
Subregulation 179A (3A) of CAR 1988 declares instructions to be a disallowable instrument. 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 in legislation in force before the commencement of the LIA. The instructions are, therefore, a legislative instrument and are subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The revocation of instrument CASA 285/11 is due to it being replaced by an instrument which applies to the operations previously carried out under CASA 285/11. There will be no effect on operations.
Human Rights Compatibility
This instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Commencement and making
The instrument commences on the day after registration.
The instrument has been made by a delegate of CASA under regulation 11.260 of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 270/12]