CASA 306/11 – 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 F2011L01355 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 paragraph 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 replaces instrument CASA 273/09 which expires at the end of June 2011.

 

The instrument commences on 1 July 2011 and stops having effect at the end of 30 June 2013.

 

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

[Instrument number CASA 306/11]

Overview

The instrument, F2011L01355, was enacted in 2011 under the Legislative Instruments Act 2003 and is designed to address the specific regulatory needs of air displays conducted by the Royal Australian Air Force (RAAF) Museum at Point Cook Airfield, Victoria. The instrument allows for acrobatic flights, flights over public gatherings, and low flying during these air displays, while ensuring safety and compliance with civil aviation regulations. It was introduced to streamline the regulatory framework for the RAAF Museum’s ongoing air display program by replacing an earlier instrument, CASA 273/09, and to incorporate more flexible manoeuvring limitations that account for the characteristics of the aircraft involved. This instrument is subject to disallowance in the Parliament and will cease to have effect at the end of June 2013. The instrument was made by a delegate of the Civil Aviation Safety Authority (CASA) under the Civil Aviation Regulations 1988.

Scope and Application

The instrument, F2011L01355, pertains to air displays at Point Cook Airfield, Victoria, conducted by the RAAF Museum in accordance with an application submitted to the Civil Aviation Safety Authority (CASA) on 20 May 2003. This legislation approves the conduct of air displays, including permission for acrobatic flights, flights over public gatherings, and low-level flying, subject to specific conditions designed to ensure safety. The instrument applies to all pilots in command of aircraft involved in these activities at the specified airfield. Its geographic reach is confined to the Commonwealth jurisdiction, specifically within the designated area of Point Cook Airfield. The instrument does not extend to other locations or to air displays not conducted by the RAAF Museum at Point Cook. While the legislation allows for certain activities that would otherwise be considered offences under the Civil Aviation Regulations 1988, it does not exempt the participants from other regulatory requirements, such as maintaining communication on specified frequencies and adhering to manoeuvring limitations outlined in Schedule 3. The instrument is subject to disallowance in Parliament, as it is deemed a disallowable instrument under the Legislative Instruments Act 2003. The instrument, which replaces an earlier regulation, CASA 273/09, is effective from 1 July 2011 until 30 June 2013.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) include specific provisions regarding the conduct of acrobatic flights, flights over public gatherings, and low flights. Under subregulation 155(3) of the CAR 1988, it is an offence for a person to engage in acrobatic flight below 3,000 feet or over a public gathering. However, this prohibition can be excused if the person has written permission from the Civil Aviation Safety Authority (CASA) for the specific acrobatic flight at the particular height over a place. Furthermore, under paragraph 156(1)(a), the pilot in command of an aircraft is required to obtain CASA’s written permission before flying over a public gathering. Additionally, under paragraphs 157(1)(a) and (4)(b), it is an offence for a pilot to fly an aircraft below 1,000 feet unless the flight is for private or aerial work operations and CASA has given written permission for such low-level flight. Civil Aviation Order 29.4 (CAO 29.4) also mandates that an air display must not be conducted without CASA’s written approval. Moreover, paragraph 4.2(2) of CAO 29.4 stipulates that 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 horizontally from spectators. The parties and entities governed by these regulations are primarily the pilots in command of aircraft and the RAAF Museum, which conducts air displays at Point Cook Airfield in Victoria. The obligations imposed on these entities include obtaining written permission from CASA for acrobatic flights below 3,000 feet, flights over public gatherings, and low flights below 1,000 feet unless explicitly permitted by CASA for specific operations. The RAAF Museum must also ensure compliance with the conditions of the air display, such as maintaining a listening watch on the Point Cook MBZ frequency, adhering to the manoeuvring limitations in Schedule 3, and ensuring that showlines are clearly visible and explained to participants. Each operator and pilot in command must broadcast their activity details and maintain a listening watch on the designated frequency to ensure safe operations and communication. Breaches of these regulations can result in significant consequences. Under subregulation 155(3) of the CAR 1988, engaging in acrobatic flight below 3,000 feet or over a public gathering without CASA’s written permission is an offence. Similarly, flying over a public gathering without CASA’s written permission (subregulation 156(1)(a)) and flying below 1,000 feet without CASA’s permission (subregulations 157(1)(a) and (4)(b)) are also offences. Violations of these provisions can lead to penalties including fines and imprisonment, although the exact penalties are not specified in the provided text. Additionally, conducting an air display without CASA’s written approval (CAO 29.4) and not adhering to the height and manoeuvring limitations prescribed in paragraph 4.2 of CAO 29.4 can also result in legal repercussions. Failure to comply with these regulations can lead to enforcement actions by CASA, including the potential revocation of permissions and the imposition of civil or criminal penalties.

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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.