CASA 36/19 — Making of Parachute Descents (Australian Parachute Federation Ltd) Authorisation 2019
(as amended)
made under paragraphs 152 (1) (a) and (b) of the Civil Aviation Regulations 1988 and regulation 11.056 of the Civil Aviation Safety Regulations 1998.
This compilation was prepared on 27 November 2021 taking into account amendments up to CASA 99/21 — Parachute Descents (CASA 36/19) (Australian Parachute Federation Ltd) Amendment Instrument 2021. It is a compilation of CASA 36/19 — Making of Parachute Descents (Australian Parachute Federation Ltd) Authorisation 2019, as amended and in force on 27 November 2021.
Prepared by the Advisory and Drafting Branch, Legal, International & Regulatory Affairs Division, Civil Aviation Safety Authority, Canberra.
Compilation No. 2.
1 Name
This instrument is CASA 36/19 — Making of Parachute Descents (Australian Parachute Federation Ltd) Authorisation 2019.
2 Duration
This instrument:
(a) commences on 1 July 2019; and
(b) is repealed at the end of 1 December 2023.
3 Definitions
In this instrument:
APF means the Australian Parachute Federation Ltd, ARN 205322.
APF Operational Regulations means the document titled Australian Parachute Federation Operational Regulations, version 01-2021, issued by the APF on 1 April 2021, as approved in writing by CASA and as existing at that date.
APF Regulatory Schedules means the document titled Australian Parachute Federation Regulatory Schedules, version 01-2021, issued by the APF on 1 April 2021, as approved in writing by CASA and as existing at that date.
Note At the time this instrument commences, the APF Operational Regulations and the APF Regulatory Schedules are freely available to view or download at https://www.apf.com.au/apf-members/latest-regulations/latest-regulations.
4 Authorisation
(1) For paragraph 152 (1) (a) of CAR, a member of the APF is authorised to make parachute descents.
(2) The authorisation in subsection (1) does not apply to parachute descents through cloud.
Note Parachute descents through cloud may be authorised by the APF under Regulatory Schedule 60 of the APF Regulatory Schedules.
(3)The authorisation in subsection (1) is subject to the conditions in section 6.
5 Specification
For paragraph 152 (1) (b) of CAR, a parachute descent must be made in accordance with the APF Operational Regulations.
6 Conditions
For regulation 11.056 of CASR, a member of the APF may only make a parachute descent if each person who performs a function incidental or preparatory to the descent:
(a) is a member of the APF or has agreed in writing to be bound by the APF Operational Regulations; and
(b) complies with the APF Operational Regulations.
Notes to CASA 36/19 — Making of Parachute Descents (Australian Parachute Federation Ltd) Authorisation 2019
Note 1
CASA 36/19 — Making of Parachute Descents (Australian Parachute Federation Ltd) Authorisation 2019 (in force under paragraphs 152 (1) (a) and (b) of the Civil Aviation Regulations 1988 and regulation 11.056 of the Civil Aviation Safety Regulations 1998) as shown in this compilation is amended as indicated in the tables below.
Table of instruments
Title | Date of FRLI registration | Date of commencement | Application, saving or transitional provisions |
CASA 36/19 Making of Parachute Descents (Australian Parachute Federation Ltd) Authorisation 2019 | 16 August 2019 (F2019N00064) | 1 July 2019 (see s. 2) | — |
CASA 63/20 Making of Parachute Descents (Australian Parachute Federation Ltd) Amendment Authorisation 2020 | 24 November 2020 (F2020N00136) | 25 November 2020 (see s. 2) | — |
CASA 99/21 Parachute Descents (CASA 36/19) (Australian Parachute Federation Ltd) Amendment Instrument 2021 | 26 November 2021 (F2021N00296) | 27 November 2021 (see s. 2) | — |
Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
s. 2 | am. F2021N00296 |
s. 3 | am. F2020N00136, F2021N00296 |
Overview
CASA 36/19 — Making of Parachute Descents (Australian Parachute Federation Ltd) Authorisation 2019 was enacted by the Civil Aviation Safety Authority (CASA) under paragraphs 152(1)(a) and (b) of the Civil Aviation Regulations 1988 and regulation 11.056 of the Civil Aviation Safety Regulations 1998. The authorisation came into effect on 1 July 2019 and was initially set to expire on 30 June 2022, but was subsequently extended to expire at the end of 1 December 2023. This legislation was introduced to address the need for a clear regulatory framework governing parachute descents in Australia, ensuring safety and compliance with aviation standards. The policy objective of this authorisation is to allow members of the Australian Parachute Federation Ltd to conduct parachute descents under specified conditions, while prohibiting descents through cloud unless authorised under specific regulatory schedules. The authorisation is subject to the conditions set out in the Australian Parachute Federation Operational Regulations and requires all personnel involved in the descent to be members of the Federation or to agree to be bound by these regulations.
Scope and Application
The CASA 36/19 — Making of Parachute Descents (Australian Parachute Federation Ltd) Authorisation 2019 applies to members of the Australian Parachute Federation Ltd (APF), allowing them to make parachute descents in accordance with the Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998. This authorisation, effective from 1 July 2019 until its repeal on 31 December 2023, permits APF members to conduct parachute descents, except those through cloud, which may be separately authorised under the APF Regulatory Schedules. Compliance with the APF Operational Regulations is mandatory for all individuals performing functions related to the descent. The authorisation is subject to conditions outlined in section 6 and can be amended through subordinate instruments, such as the CASA 63/20 Amendment Authorisation 2020 and the CASA 99/21 Amendment Instrument 2021, which provide for application, saving, or transitional provisions as necessary.
Key Provisions
The CASA 36/19 — Making of Parachute Descents (Australian Parachute Federation Ltd) Authorisation 2019 sets out the conditions under which members of the Australian Parachute Federation Ltd (APF) can conduct parachute descents. Section 4 of the authorisation states that APF members are permitted to make parachute descents, with the exception of descents through cloud. Section 5 further specifies that these descents must be conducted in accordance with the APF Operational Regulations. The authorisation outlines specific conditions under which parachute descents can be performed, as per section 6, stipulating that only APF members or those who have agreed in writing to be bound by the APF Operational Regulations can perform functions incidental or preparatory to the descent. All individuals involved must comply with the APF Operational Regulations.
Under the authorisation, the APF and its members are required to adhere to the stipulations set forth in the APF Operational Regulations and the APF Regulatory Schedules. These regulations and schedules, which are approved by the Civil Aviation Safety Authority (CASA), must be strictly followed during all parachute descent activities. Members must ensure that every person performing a function incidental or preparatory to the descent is either an APF member or has agreed in writing to comply with the APF Operational Regulations. This ensures that all activities are conducted in a manner consistent with safety standards and regulatory requirements.
The authorisation also establishes potential consequences for non-compliance. While specific penalties are not detailed in the authorisation itself, violations of the Civil Aviation Regulations 1988 or the Civil Aviation Safety Regulations 1998 can lead to enforcement actions by CASA. These actions may include fines, suspension or revocation of authorisations, and other regulatory sanctions. It is important for APF members and related entities to comply with all regulatory requirements to avoid these potential consequences. The authorisation is in force from 1 July 2019 until it is repealed at the end of 1 December 2023, highlighting the temporary nature of this regulatory framework.