Explanatory Statement
Civil Aviation Regulations 1988
Instructions — GNSS primary means navigation (B737 NG 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.), specifying the method by which an aircraft is to be navigated and how a positive position fix is to be obtained.
Instructions
Current accepted procedures for the use of the Global Navigation Satellite System (GNSS) allow the use of satellite navigation for primary means navigation under I.F.R. In addition, modern aircraft with the required level of navigation performance (RNP) have the capability to fly non-precision approaches using the RNP capabilities of the aircraft without using ground-based navigation aids.
This instrument applies to Boeing 737 NG aircraft, being aircraft that have the required technology. It defines and uses terms and contains the conditions subject to which non‑precision approaches may be conducted using the aircraft’s navigation systems.
These conditions include obtaining a prediction of GNSS availability for a proposed operation, the minimum navigation equipment required for the conduct of an operation in accordance with the instructions and use of an approved navigation database. The instructions also contain requirements for pre-flight checking procedures and procedures during flight, as well as flight crew training.
Legislative Instruments Act
Under subregulation 179A (3A) of CAR 1988, an I.F.R. flight instruction that is not in the form of a Civil Aviation Order is a disallowable instrument for section 46A of the Acts Interpretation Act 1901.
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 of instructions is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
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. The instrument does not engage any of the applicable rights or freedoms.
Consultation
Consultation under section 17 of the LIA has not been undertaken. The instrument is consistent with previous instruments issued to Virgin Australia International Airlines Pty Ltd and other Australian airlines. It will allow Virgin Australia International Airlines Pty Ltd to reduce dependence on ground‑based systems.
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of the Civil Aviation Safety Regulations 1998.
[Instrument number CASA 390/12]