Explanatory Statement
Civil Aviation Regulations 1988
Instructions — GNSS as primary means of navigation for NDB and VOR (overlay) approach — Qantas Airways Limited
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
CASA issued instructions in instrument CASA 366/10 directed to pilots in command of aircraft using a Global Positioning System (GPS) and equipment in aircraft, and set out procedures to be followed when GPS is used under different flight conditions.
The current GNSS rules allow the use of GPS for primary means navigation under I.F.R. In addition, modern RNP-capable aircraft have in their flight manual provisions that allow the flying on non-precision approaches using RNP capabilities of the aircraft without the specific approach aid being installed in the aircraft.
Legislative Instruments Act
Under subregulation 179A (3A) of CAR 1988, an 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.
Consultation
This instrument has been requested by Qantas Airways Limited (Qantas). No further consultation under section 17 of the LIA has been undertaken. The instrument will allow Qantas to reduce dependence on ground‑based systems. In the longer term, these instructions will be in Subpart 91.U of the Civil Aviation Safety Regulations 1998.
Human Rights Compatibility
This instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Commencement and delegation
This instrument commences on the day after registration and stops having effect at the end of 31July 2014. It has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA 64/12]