Explanatory Statement
Civil Aviation Regulations 1988
Instructions — RNP APCH LNAV and RNP APCH LNAV/VNAV on National Jet Systems, trading as Cobham Aviation Services Australia – Airline Services, B717-200 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.
This instrument contains instructions to enable B717-200 type aircraft operated by National Jet Systems Pty Ltd, trading as Cobham Aviation Services Australia – Airline Services (the operator) to conduct new required navigation performance approach (RNP APCH) procedures on the basis of their RNP capability.
Conditions and procedures
The instrument sets out the conditions to be satisfied by the operator and the specified aircraft. It also sets out the procedures to be followed while carrying out the approaches.
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. A number of similar instruments have been issued to aircraft operators to enable them to use modern navigation systems. A similar instrument would be issued to any operator whose relevant aircraft can meet the required standard of navigation performance and whose flight crew have been adequately trained.
Compatibility with human rights and freedoms
This 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 as it does not raise any human rights issues. It does not engage any of the applicable rights or freedoms.
Commencement and making
The instrument commences on the day after registration and stops having effect at the end of August 2015.
The instrument has been made by a delegate of CASA under 11.260 of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 301/12]