CASA 69/20 — Prescription and Approval of Recognised Foreign States Instrument 2020

Overview

The Prescription and Approval of Recognised Foreign States Instrument 2020, as amended, is an instrument made under regulation 61.047 of the Civil Aviation Safety Regulations 1998 and subsection 7 of Civil Aviation Order 82.0 Instrument 2014, and it was enacted by the Civil Aviation Safety Authority (CASA). The instrument was introduced to address the need to recognise certain foreign states for the purposes of ensuring the safety of civil aviation operations. The policy objective of the instrument is to ensure that Australian aviation safety standards are met by recognising the aviation safety standards of other countries, thereby facilitating international aviation cooperation. The instrument lists countries that are recognised as meeting Australian aviation safety standards, thereby allowing for mutual recognition of aviation safety standards between Australia and these countries.

Scope and Application

CASA 69/20 — Prescription and Approval of Recognised Foreign States Instrument 2020 applies to countries that are recognised as maintaining an adequate civil aviation safety oversight system in accordance with the Civil Aviation Safety Regulations 1998 and the Civil Aviation Order 82.0 Instrument 2014. The instrument specifies certain countries as prescribed and approved recognised foreign States, indicating that they meet the regulatory standards set by Australia. The scope of the legislation extends to the civil aviation sector, impacting entities and industries involved in international aviation operations, such as airlines, aircraft manufacturers, and aviation service providers. The geographic reach of the Act is national, as it pertains to the regulation of civil aviation within Australia, specifically in relation to foreign states. The Act does not explicitly state exclusions or exemptions but rather focuses on the inclusion of specific countries that are recognised as maintaining adequate safety oversight. This legislative instrument may be further extended or restricted through subordinate instruments, allowing for adjustments to the list of recognised States as necessary to maintain safety standards in line with international civil aviation regulations.

Key Provisions

The CASA 69/20 — Prescription and Approval of Recognised Foreign States Instrument 2020 is a legislative instrument made under regulation 61.047 of the Civil Aviation Safety Regulations 1998 and subsection 7 of Civil Aviation Order 82.0 Instrument 2014. Section 3 of the Instrument prescribes each country mentioned in Schedule 1 as a recognised foreign State for the purposes of regulation 61.047 of the Civil Aviation Safety Regulations 1998. This includes 22 countries, including 12 European Union Aviation Safety Agency (EASA) member States and the United Kingdom. Section 4 of the Instrument approves each State mentioned in Schedule 2 as a recognised foreign State for the purposes of section 12.13 of the Part 133 Manual of Standards. This includes 13 EASA member States and the United Kingdom. The Instrument also contains Schedules 1 and 2, which list the recognised foreign States. The obligations imposed by this legislation include the requirement for countries to meet certain safety standards and regulations in order to be recognised as a foreign State. The Instrument sets out the specific requirements that must be met in order for a country to be recognised as a foreign State, including the need to have an aviation safety regulatory system that is equivalent to that of Australia. The legislation also imposes obligations on Australian aviation operators and other relevant parties to comply with the requirements set out in the Instrument. This may include ensuring that their aircraft and personnel meet the safety standards of the recognised foreign State, and that they obtain any necessary permits or approvals before operating in that State. Failure to comply with the requirements set out in the Instrument may result in civil or criminal penalties, depending on the nature and severity of the breach. For example, failure to obtain the necessary permits or approvals before operating in a recognised foreign State may result in fines, imprisonment, or both. The maximum penalties for breaches of the Civil Aviation Safety Regulations 1998 are set out in section 59 of the Regulations, and can include fines of up to $222,200 for individuals and $1,111,000 for bodies corporate, as well as imprisonment for up to five years. The maximum penalties for breaches of the Civil Aviation Order 82.0 are set out in section 16 of the Order, and can include fines of up to $55,550 for individuals and $277,750 for bodies corporate. In addition to these penalties, breaches of the Instrument may also result in other consequences, such as the suspension or revocation of an operator's certificate, or the grounding of an aircraft.