CASA 270/12 - Revocation of instrument CASA 285/11 - instructions for RNAV (GNSS) approaches by Virgin Australia International B777 aircraft

Overview

The Civil Aviation Regulations 1988 were amended in 2012 through the instrument F2012L01829 to revoke CASA 285/11, which pertained to specific instructions for RNAV (GNSS) approaches by Virgin Australia International's B777 aircraft. This revocation was necessitated by the issuance of a subsequent instrument, CASA 45/12, which permits the use of GNSS by all Virgin Australia aircraft, rendering CASA 285/11 redundant. The Civil Aviation Regulations 1988 are made under the authority of section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to enact regulations concerning the Act and air navigation safety. The instrument is subject to tabling and disallowance under the Legislative Instruments Act 2003, as it is classified as a disallowable instrument. The revocation was implemented without the need for consultation as mandated by section 17 of the LIA, given that it does not impact ongoing operations and is simply superseded by the broader CASA 45/12 instrument. This change ensures that the regulatory framework remains current and efficient, aligning with the policy objective of maintaining high safety standards in air navigation.

Scope and Application

The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, govern the safety and operation of aircraft within Australian airspace. Specifically, subregulation 179A(1) of these regulations allows the Civil Aviation Safety Authority (CASA) to issue specific instructions for Instrument Flight Rules (IFR) flights, detailing the navigation methods and position-fixing techniques for aircraft. This regulatory framework applies to aviation entities operating within Australia, ensuring that all air navigation activities comply with the highest safety standards. In the case of Virgin Australia International Airlines, CASA previously issued specific instructions (CASA 285/11) for its Boeing 777 aircraft to utilise Global Navigation Satellite System (GNSS) for navigation. However, these instructions have since been superseded by a broader instrument (CASA 45/12) that permits the use of GNSS by all Virgin Australia aircraft. Consequently, CASA 285/11 has been revoked as it is no longer necessary. The revocation of this instrument is in accordance with the Legislative Instruments Act 2003, which classifies such instructions as disallowable instruments, subject to parliamentary oversight. Despite the revocation, there is no anticipated impact on operational activities as the broader instrument now covers the same scope.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) contain provisions that allow the Civil Aviation Safety Authority (CASA) to issue specific instructions for Instrument Flight Rules (I.F.R.) flights, such as how an aircraft is to be navigated and how to obtain a positive position fix. Specifically, subregulation 179A(1) of CAR 1988 provides the legal basis for CASA to issue these instructions. In this context, Virgin Australia International Airlines Pty Ltd, trading as V Australia, was previously issued with CASA 285/11, which allowed its Boeing 777 aircraft to use the Global Navigation Satellite System (GNSS). However, a subsequent instrument, CASA 45/12, extended the use of GNSS to all V Australia aircraft, making CASA 285/11 redundant. The Act imposes several obligations on CASA and the entities it governs. CASA must ensure that all instructions issued under subregulation 179A(1) of CAR 1988 comply with the Civil Aviation Act 1988 and focus on the safety of air navigation. V Australia and other entities must adhere to the specific instructions issued by CASA, which in this case involved the use of GNSS for navigation. Given that CASA 285/11 has been revoked and replaced by CASA 45/12, V Australia and other relevant entities must now comply with the broader instruction set out in CASA 45/12. The Legislative Instruments Act 2003 (LIA) declares that instructions such as CASA 285/11 are legislative instruments and, therefore, subject to disallowance by Parliament. This means that the revocation of CASA 285/11 and its replacement by CASA 45/12 must be tabled in Parliament, providing an opportunity for parliamentary review. However, consultation under section 17 of the LIA was not undertaken in this instance because CASA 285/11 was revoked due to its replacement by a broader instrument that covers the same operations. Breach of the provisions in the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 can result in various consequences. Depending on the severity and nature of the breach, there may be civil or criminal penalties. For instance, non-compliance with CASA instructions can result in fines or other civil penalties, while more serious breaches may lead to criminal charges. The maximum penalties will depend on the specific breach and are outlined in the relevant sections of the Civil Aviation Act 1988 and associated regulations. In the case of legislative instruments, failure to table and disallow an instrument as required by the LIA can also result in legal consequences.