Explanatory Statement
Civil Aviation Act 1988
Instructions — use of Global Positioning System (GPS)
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor‑General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Under subregulation 174A (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions specifying communications and navigation equipment that must be carried on, or installed in, an aircraft before it undertakes a flight under the Visual Flight Rules (V.F.R.). Under subregulation 179A (1) of 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.
These instructions contain general instructions relating to the use of GPS and equipment in aircraft. They set out procedures to be followed when GPS is used under different flight conditions. The instructions replace instructions that were made in 1995, taking account of technological advances since then.
Under subregulations 174 (1C) and 179A (3A) of CAR 1988, an instruction issued under subregulation 174 (1) or 179A (1) is a disallowable instrument for the purposes of 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 exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
For section 17 of the LIA, there has been substantial consultation, including reference to the GNSS (Global Navigation Satellite System) planning subgroup of the Australian Strategic ATM (Air Traffic Management) Group. The material for the instrument was developed with research through Professor Brian O’Keeffe AO, to ascertain that the levels of performance and safety for which it provides are better than for current ground based navigation systems. The instrument is an updated version of current instructions, taking into account changes in relevant technologies.
The instructions have been issued by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with regulation 7 of CAR 1988.
[Instrument number CASA 404/05]
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of air navigation within Australian airspace, providing the legal framework for civil aviation in the country. The problem or gap that the Act was introduced to address included the need for comprehensive regulation of aircraft operations, safety standards, and the management of air traffic to prevent accidents and ensure the smooth flow of air traffic. The Act empowers the Civil Aviation Safety Authority (CASA) to issue regulations and instructions to manage these aspects effectively. The Civil Aviation Regulations 1988 (CAR 1988) were subsequently introduced under the authority of the Act to provide detailed operational standards and requirements. The policy objective of these regulations is to maintain and enhance the safety and efficiency of air navigation through stringent regulatory oversight.
Scope and Application
The Civil Aviation Act 1988, specifically under Section 98, empowers the Governor-General to make regulations pertaining to the safety of air navigation, which is further detailed through subregulations in the Civil Aviation Regulations 1988. The regulations allow the Civil Aviation Safety Authority (CASA) to issue instructions regarding the necessary communications and navigation equipment to be carried on or installed in an aircraft before it undertakes a flight under either Visual Flight Rules or Instrument Flight Rules. These instructions include detailed procedures for the use of Global Positioning System (GPS) equipment under various flight conditions, updating and replacing previous instructions issued in 1995 to align with current technological advancements. The issuance of these instructions falls under the purview of the Deputy Chief Executive and Chief Operating Officer, acting as a delegate of CASA, as stipulated in regulation 7 of CAR 1988. The legislative instruments created by these instructions are subject to disallowance under the Acts Interpretation Act 1901 and are considered legislative instruments under the Legislative Instruments Act 2003, requiring tabling and disallowance processes in Parliament.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) are subregulations 174A(1) and 179A(1). These subregulations empower the Civil Aviation Safety Authority (CASA) to issue instructions regarding the communications and navigation equipment required on aircraft for flights under Visual Flight Rules (VFR) and Instrument Flight Rules (IFR) respectively. These instructions detail procedures for the use of Global Positioning System (GPS) equipment in aircraft under various flight conditions. Notably, they replace older instructions from 1995, incorporating technological advancements that have occurred since then.
The obligations and requirements imposed by these instructions on the parties or entities they govern are primarily concerned with ensuring that aircraft are equipped with appropriate navigation tools and that pilots adhere to specified procedures when using GPS for navigation. For VFR flights, aircraft must be equipped with the necessary communications and navigation equipment as outlined in the instructions. For IFR flights, the instructions specify not only the equipment that must be carried but also the methods by which an aircraft is to be navigated and how a positive position fix is to be obtained. These obligations aim to maintain high safety standards and ensure that aircraft operations under both VFR and IFR are conducted with adequate navigational support.
Breaches of the instructions issued under subregulations 174A(1) and 179A(1) of the CAR 1988 can lead to various civil and criminal consequences. As these instructions are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, failure to comply with them could result in significant penalties. The exact penalties depend on the nature and severity of the breach, but they may include fines and other enforcement actions that the Civil Aviation Safety Authority deems appropriate. Additionally, because these instructions are legislative instruments under the Legislative Instruments Act 2003, any non-compliance could lead to further scrutiny and potential disallowance by Parliament, reinforcing the importance of adherence to these safety-critical regulations.