Explanatory Statement
Civil Aviation Regulations 1988
CASA 74/18 — Repeal of CASA 629/08 Instrument 2018
Purpose
The purpose of CASA 74/18 — Repeal of CASA 629/08 Instrument 2018 (the instrument) is to repeal instrument CASA 629/08, Designation of airspace for broadcast requirements — aerodromes with certified air/ground radio services (CASA 629/08).
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made the Civil Aviation Regulations 1988 (CAR).
Under paragraph 99A (1) (b) of CAR, the Civil Aviation Safety Authority (CASA) may designate airspace within defined horizontal and vertical limits as an area (a designated area) in which broadcast requirements apply.
Under subregulation 99A (3) of CAR, CASA may give directions specifying:
(a) the broadcast requirements that apply; and
(b) the radio frequency on which broadcasts must be made;
in a designated area.
Under subregulation 99A (5) of CAR, a pilot in command of an aircraft that is operating in a designated area must not contravene a direction that applies to the area. Subregulation 99A (6) of CAR states that an offence against subregulation (5) is an offence of strict liability.
Under subsection 33 (3) of the Acts Interpretation Act 1901 (the AIA), where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Overview of instrument
At designated non-controlled aerodromes, to address particular safety or operational requirements, CASA may require aircraft operators to make radio broadcasts using a common frequency. In 2008, by CASA 629/08, CASA designated the area around Avalon aerodrome (at the time, a non-controlled aerodrome) as an area for which broadcast requirements apply.
Avalon aerodrome is now a controlled aerodrome with controlled airspace around the aerodrome. Accordingly, it is an aerodrome at which an air traffic control service is operating, and local control frequencies are used for its local air traffic control service.
Accordingly, CASA 629/08 is no longer required. In accordance with subsection 33 (3) of the AIA, CASA 629/08 is repealed.
Content of instrument
The instrument repeals CASA 629/08.
Legislation Act 2003 (the LA)
Paragraph 10 (1) (d) of the LA provides that an instrument will be a legislative instrument if it includes a provision that amends or repeals another legislative instrument. The instrument repeals CASA 629/08, which was registered as a legislative instrument. Therefore, the instrument is also a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
CASA has consulted Airservices Australia in relation to the proposed repeal of CASA 629/08, and it indicated it had no objection to the proposed repeal.
In these circumstances, CASA is satisfied that no further consultation is appropriate or reasonably practicable for the instrument for section 17 of the LA.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 24429).
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.
Making and commencement
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.
The instrument commences on the day after it is registered, and is automatically repealed in accordance with section 48A of the LA.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA 74/18 — Repeal of CASA 629/08 Instrument 2018
The legislative 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.
Overview of the legislative instrument
The purpose of the legislative instrument is to repeal instrument CASA 629/08, Designation of airspace for broadcast requirements — aerodromes with certified air/ground radio services.
Human rights implications
The legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
The legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority