CASA 273/09 - Permission - for acrobatic flight over a place, flight over a public gathering and low flight; Approval - for an air display

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2009L02427 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Permission — for acrobatic flight over a place, flight over a public gathering and low flight

Approval — for an air display

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.

 

Under subregulation 155 (3) of the Civil Aviation Regulations 1988 (CAR 1988), it is an offence for a person to engage in acrobatic flight lower than 3 000 feet or over a public gathering. Under subregulations 155 (6) and (7), it is a defence if the person had CASA’s written permission for the acrobatic flight at the particular height over the place.

 

Under paragraph 156 (1) (a) of CAR 1988, it is an offence for the pilot in command of an aircraft to fly over a public gathering without the written permission of CASA.

 

Under paragraphs 157 (1) (a) and (4) (b) of CAR 1988, it is an offence for the pilot in command of an aircraft to fly lower than 1 000 feet unless the aircraft is engaged in private or aerial work operations and CASA has given permission for flight below that height.

Under subsection 2 of Civil Aviation Order 29.4 (CAO 29.4), an air display must not be conducted without the written approval of CASA.

Under subparagraph 4.2 (2) of CAO 29.4, an aircraft in flight below 1 500 feet above ground level must not track or manoeuvre towards spectators within a horizontal distance of 500 metres or pass within 200 metres horizontal distance from spectators.

 

Instrument

The instrument applies to air displays at Point Cook Airfield, Victoria (the airfield) that are conducted by the RAAF Museum in accordance with the application submitted to CASA on 20 May 2003.

 

There are 2 kinds of air display involved. Under the regular interactive flying program, a pilot briefs visitors about particular aircraft which the visitors then view in flying exhibitions using ex-military and replica aircraft. Larger scale periodic air displays may also be conducted.

 

The instrument approves the conduct of the air displays, and for such displays gives permission for acrobatic flights, flights over public gatherings and low flying.

 

Conditions — air displays

There are conditions. An air display must comply with the requirements mentioned in CAO 29.4 except subsection 3 and paragraph 4.2. The requirements include, in particular, general conditions about CASA approval of the location and the events, and conditions about the management of participants, spectators and emergencies. Subsection 3 requires a particular application to be made to CASA and paragraph 4.2 prescribes height and manoeuvring limitations to minimise danger to spectators.


Compliance with the application requirements of subsection 3 is not required because the interactive flying program is a continuing program by the RAAF Museum. However, a further condition requires CASA to assess and consent to applications for larger air displays.

 

The manoeuvring limitations in paragraph 4.2 are not required because other conditions of the instrument require compliance with the more flexible manoeuvring limitations in Schedule 3. These more flexible manoeuvring limitations are considered to be safe because of the slow speed and lower weight of the aircraft involved in the air displays.

 

There are other safety conditions. For example, each operator and pilot in command must ensure that during operations their aircraft broadcasts details of its activity on the Point Cook MBZ frequency. Each operator and pilot in command must ensure that a listening watch is also maintained on that frequency. Each operator and pilot in command must ensure that the aircraft complies with the alternative manoeuvring requirements in Schedule 3. The RAAF Museum must ensure that 1 or more showlines are in place and clearly visible to assist participants to comply with the manoeuvring requirements mentioned in Schedule 3. The RAAF Museum must ensure that showlines are identified and explained to participants. A Note explains that a natural feature may be part of a showline provided it is identified and explained as such.

 

Conditions — for acrobatic flight

The pilot in command must have permission from CASA (a low level acrobatic approval) to engage in acrobatic flight at a height lower than 3 000 feet and must also comply with any height restriction in the low level acrobatic approval. He or she must also comply with the manoeuvring limitations in Schedule 3.

 

Conditions — for flight over a public gathering

The pilot in command must comply with the manoeuvring limitations in Schedule 3.

 

Conditions — for low flying

The pilot in command must not fly below 200 feet above ground level unless he or she is taking off or landing or has a low level acrobatic approval which permits flight below that height.

 

Legislative Instruments Act

The instrument affects CAO 29.4 by dispensing with the requirement for a new written application to conduct an air display, and by substituting alternative manoeuvring limitations. Subregulation 5A (1) of CAR 1988 provides that if CASA issues an instrument which affects the operation of a Civil Aviation Order, the new instrument is 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 under legislation in force before the commencement of the LIA. The instrument is, therefore, a legislative instrument and is 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 because the instrument is designed to continue in force the regulatory framework for the ongoing RAAF Museum air display program. The instrument replaced instrument CASA 247/06 which expires at the end of June 2009.

 

The instrument commences on 1 July 2009 and stops having effect at the end of 30 June 2011.

 

The instrument has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.

[Instrument number CASA 273/09]

Overview

The instrument F2009L02427, enacted in 2009, pertains to the Civil Aviation Regulations 1988 and is designed to address the regulatory needs for acrobatic flights, flights over public gatherings, and low flights, specifically for air displays conducted by the RAAF Museum at Point Cook Airfield, Victoria. This legislation was introduced to ensure safety and compliance with existing aviation regulations while accommodating the unique requirements of the RAAF Museum's air display program. Enacted by the Civil Aviation Safety Authority (CASA), the policy objective is to facilitate the ongoing air display program by the RAAF Museum while maintaining stringent safety standards. The instrument provides permission and approval for these activities under specific conditions, ensuring compliance with manoeuvring limitations and other safety requirements to mitigate risks to spectators and participants.

Scope and Application

The Civil Aviation Regulations 1988, as amended by instrument CASA 273/09, apply to air displays conducted by the RAAF Museum at Point Cook Airfield in Victoria. The regulations provide for the approval of acrobatic flights, flights over public gatherings, and low flying in the context of these air displays. This instrument allows for the ongoing operation of the RAAF Museum’s regular interactive flying program, where pilots brief visitors about specific aircraft, which are then viewed in flying exhibitions using ex-military and replica aircraft. Additionally, it permits the conduct of larger scale periodic air displays, subject to CASA’s consent for such events. The instrument modifies certain conditions of Civil Aviation Order 29.4, such as the application requirements and height and manoeuvring limitations, by introducing more flexible manoeuvring limitations in Schedule 3 deemed safe for the specific aircraft involved. Pilots must comply with these manoeuvring requirements and obtain CASA’s low-level acrobatic approval for acrobatic flights below 3,000 feet. The instrument is a legislative instrument under the Legislative Instruments Act 2003, subject to tabling and disallowance in Parliament, and it replaces the previous instrument CASA 247/06, which expired at the end of June 2009. This new instrument is effective from 1 July 2009 until 30 June 2011.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) set forth various requirements for different types of flights, including acrobatic flights, flights over public gatherings, and low flying. Under subregulation 155(3) of CAR 1988, it is an offence for a person to engage in acrobatic flight below 3,000 feet or over a public gathering. However, a defence is available if the pilot in command has written permission from CASA for the acrobatic flight at the specified height over the place (subregulation 155(6) and (7) of CAR 1988). Additionally, subregulation 156(1)(a) of CAR 1988 makes it an offence for the pilot in command to fly over a public gathering without CASA’s written permission. Paragraphs 157(1)(a) and (4)(b) of CAR 1988 prohibit flying below 1,000 feet unless the aircraft is engaged in private or aerial work operations and CASA has granted permission for flight below that height. Civil Aviation Order 29.4 (CAO 29.4) further stipulates that an air display must not be conducted without CASA’s written approval (subsection 2 of CAO 29.4), and subparagraph 4.2(2) of CAO 29.4 mandates that aircraft in flight below 1,500 feet above ground level must not track or manoeuvre towards spectators within 500 metres horizontally or pass within 200 metres horizontally from spectators. The obligations imposed by the Civil Aviation Regulations 1988 and Civil Aviation Order 29.4 on the parties involved, particularly the RAAF Museum and its pilots, include obtaining the necessary written permissions from CASA for conducting air displays, acrobatic flights, flights over public gatherings, and low flying. Pilots must adhere to specific height restrictions and manoeuvring limitations as stipulated in the regulations and the instrument. For instance, pilots conducting acrobatic flights must have CASA’s low-level acrobatic approval and comply with any height restrictions outlined in that approval. They must also adhere to the manoeuvring limitations specified in Schedule 3 of the instrument. For flights over public gatherings, pilots must comply with the same manoeuvring limitations. Low flying below 200 feet above ground level is only permitted if the pilot is taking off or landing or has a low-level acrobatic approval that allows such flights. Furthermore, the RAAF Museum is required to ensure that showlines are in place and clearly visible to assist participants in complying with the manoeuvring requirements. There are significant penalties and consequences for breaches of the Civil Aviation Regulations 1988 and Civil Aviation Order 29.4. Engaging in acrobatic flights below 3,000 feet or over a public gathering without CASA’s written permission is an offence under subregulation 155(3) of CAR 1988. Similarly, flying over a public gathering without CASA’s written permission is an offence under subregulation 156(1)(a) of CAR 1988. Conducting an air display without CASA’s written approval is an offence under subsection 2 of CAO 29.4. Additionally, flying below 1,000 feet without the required permission from CASA is an offence under paragraphs 157(1)(a) and (4)(b) of CAR 1988. Violations of these provisions can result in criminal charges and penalties. The instrument also affects CAO 29.4 by dispensing with the requirement for a new written application to conduct an air display and by substituting alternative manoeuvring limitations. Under the Legislative Instruments Act 2003, the instrument is a disallowable instrument and is subject to tabling and disallowance in the Parliament.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.