CASA 88/19 — CASA 490/05 Amendment Instrument 2019 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2019L01425 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

CASA 88/19 CASA 490/05 Amendment Instrument 2019 (No. 1)

Purpose

The purpose of CASA 88/19 — CASA 490/05 Amendment Instrument 2019 (No. 1) (the instrument) is to amend instrument number CASA 490/05, Designation of airspace for broadcast requirements — aerodromes with certified air/ground radio services (CASA 490/05), by adding provisions to CASA 490/05 dealing with:

(a) the designation of the airspace around Ballina/Byron Gateway aerodrome, in which broadcast requirements apply, under paragraph 99A (1) (b) of the Civil Aviation Regulations 1988 (CAR); and

(b) directions about the radio frequency on which broadcasts must be made in that designated broadcast area, under subregulation 99A (3) of CAR.

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the GovernorGeneral to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the GovernorGeneral has made CAR.

Under subregulation 2 (1) of CAR, the term non-controlled aerodrome is defined to mean an aerodrome at which an air traffic control service is not operating.

Under paragraph 99A (1) (b) of CAR, the Civil Aviation Safety Authority (CASA) may, in relation to an aerodrome, 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 in a designated area; 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 noncontrolled aerodromes, to address particular safety or operational requirements, CASA may require aircraft operators to make radio broadcasts using a common frequency. In 2005, by CASA 490/05, CASA designated the areas around specific aerodromes as areas for which broadcast requirements apply.


Ballina/Byron Gateway aerodrome is a noncontrolled aerodrome with a certified air/ground radio service. Accordingly, CASA has decided:

(a) under paragraph 99A (1) (b) of CAR, to designate airspace, for the aerodrome, as an area in which broadcast requirements apply; and

(b) under subregulation 99A (3) of CAR, to give directions in relation to the designated area for the aerodrome.

In accordance with subsection 33 (3) of the AIA, the instrument amends CASA 490/05 accordingly.

Content of instrument

Amendment 1 of Schedule 1 to the instrument inserts words in clause 3 of Schedule 1 to CASA 490/05 that identify the designated area for Ballina/Byron Gateway aerodrome.

Amendment 2 of Schedule 1 to the instrument inserts words in Schedule 3 to CASA 490/05 that state the radio frequency that applies for broadcasts in the designated area for Ballina/Byron Gateway aerodrome.

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 amends CASA 490/05, 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 industry in relation to the proposed amendments of CASA 490/05, and received no objection to the proposed amendments.

In those circumstances, CASA is satisfied that, for section 17 of the LA, no further consultation is appropriate or reasonably practicable for the instrument.

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 CASR.

The instrument commences on 7 November 2019, and will be 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 88/19  CASA 490/05 Amendment Instrument 2019 (No. 1)

 

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 amend instrument number CASA 490/05, Designation of airspace for broadcast requirements — aerodromes with certified air/ground radio services (CASA 490/05), by adding provisions in CASA 490/05 dealing with:

(a) the designation of the airspace around Ballina/Byron Gateway aerodrome, in which broadcast requirements apply, under paragraph 99A (1) (b) of the Civil Aviation Regulations 1988 (CAR); and

(b) directions about the radio frequency on which broadcasts must be made in that designated broadcast area, under subregulation 99A (3) of CAR.

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

Overview

The Civil Aviation Regulations 1988 (CAR) Amendment Instrument 2019 (No. 1), introduced to address the need for specific broadcast requirements in designated airspaces around non-controlled aerodromes, was enacted by the Australian Government through the Civil Aviation Safety Authority (CASA). This amendment was necessitated to enhance aviation safety by ensuring consistent communication protocols in defined airspaces. The instrument specifically focuses on the airspace around the Ballina/Byron Gateway aerodrome, designating it as an area where broadcast requirements apply and specifying the radio frequency for broadcasts within this area. By amending CASA 490/05, the instrument aligns with the overarching policy objective of maintaining stringent safety standards in air navigation, as mandated by the Civil Aviation Act 1988. This legislative action ensures that aircraft operators comply with strict broadcast requirements, thereby mitigating potential safety risks associated with air traffic operations in designated areas.

Scope and Application

The Civil Aviation Regulations 1988 (CAR) Amendment Instrument 2019 (No. 1) pertains to the Civil Aviation Regulations 1988 and specifically targets non-controlled aerodromes, such as the Ballina/Byron Gateway aerodrome, which have certified air/ground radio services. This legislative instrument amends CASA 490/05, which pertains to the designation of airspace for broadcast requirements at aerodromes. The instrument empowers the Civil Aviation Safety Authority (CASA) to designate certain airspace around specified aerodromes where broadcast requirements apply and to specify the radio frequency for broadcasts within those designated areas. Pilots operating in these designated areas must adhere to the broadcast requirements and frequency specified by CASA, with non-compliance being an offence of strict liability. The instrument is a legislative instrument as it amends another legislative instrument and has undergone parliamentary scrutiny. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms. It was made by a delegate of CASA under the power of delegation and commences on 7 November 2019, with an automatic repeal scheduled under the Legislation Act 2003.

Key Provisions

The Civil Aviation Regulations 1988 (CAR) are amended by CASA 88/19 — CASA 490/05 Amendment Instrument 2019 (No. 1) to designate the airspace around Ballina/Byron Gateway aerodrome as an area in which broadcast requirements apply, and to specify the radio frequency for broadcasts in that designated area. Specifically, Amendment 1 of Schedule 1 to the instrument adds the designated area for Ballina/Byron Gateway aerodrome, and Amendment 2 of Schedule 1 to the instrument specifies the radio frequency for broadcasts in that designated area. These changes are made under the authority granted by paragraph 99A(1)(b) of CAR, which allows the Civil Aviation Safety Authority (CASA) to designate areas where broadcast requirements apply, and subregulation 99A(3) of CAR, which allows CASA to specify the radio frequency for broadcasts in those areas. The obligations imposed by the amended CAR on parties operating in the designated area around Ballina/Byron Gateway aerodrome include ensuring that pilots in command of aircraft comply with the broadcast requirements specified by CASA. This is outlined in subregulation 99A(5) of CAR, which mandates that pilots must not contravene any direction that applies to the designated area. Furthermore, subregulation 99A(6) of CAR establishes that an offence against this provision is one of strict liability, meaning that the pilot need not have intended to contravene the direction for liability to apply. Failure to comply with the broadcast requirements in the designated area around Ballina/Byron Gateway aerodrome may result in civil or criminal consequences. Under subregulation 99A(5) of CAR, any contravention of the broadcast requirements constitutes an offence, with the potential for penalties. While the exact penalties are not specified in the provided text, it is noted that an offence against this provision is one of strict liability, indicating that CASA may pursue enforcement actions regardless of the pilot's intent to comply. The legislative instrument itself does not detail specific penalties but refers to the general regulatory framework under which CASA operates. In summary, CASA 88/19 — CASA 490/05 Amendment Instrument 2019 (No. 1) introduces specific broadcast requirements for the airspace around Ballina/Byron Gateway aerodrome, mandates compliance by pilots, and establishes strict liability for contraventions. The instrument does not specify penalties but refers to the broader legal framework under which CASA enforces compliance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.