Explanatory Statement
Civil Aviation Regulations 1988
Permission — flying over a public gathering at Australian International Air Show 2007
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under regulation 156 of the Civil Aviation Regulations 1988 (CAR 1988), an aircraft must not, among other things, fly over a public gathering except with the permission of CASA. A permission may be made subject to conditions.
Paragraph 4.2 (2) of Civil Aviation Order 29.4 (CAO 29.4) sets out the distances that are to be maintained between aircraft and spectators at air shows.
The Australian International Air Show 2007 (the Air Show) is to be held at Avalon, Victoria from 9 March 2007 to 25 March 2007 (inclusive), conducted by Aviation Development Australia Limited (ADAL). A division of ADAL, AirShows DownUnder, is the operating organisation. AirShows DownUnder has asked that the distances set out in CAO 29.4 be varied for the Air Show. The attached instrument not only gives permission for the slower aircraft types to operate closer to spectators but also increases the distance between spectators and the larger aircraft and high-speed aircraft. The variation in distances between spectators and aircraft taking part in the Air Show provides a better match of risk versus crowd separation. The variation from CAO 29.4 draws on best overseas practice from the UK and the USA.
Legislative Instruments Act
Under regulation 5A of CAR 1988 if CASA has issued, among other things, a permission in the form of a Civil Aviation Order (CAO), and later issues another permission which has the effect of amending, varying or repealing the CAO, the later instrument 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 permission 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
Consultation under section 17 of the LIA has not been undertaken because the instrument is of a minor and machinery nature required to ensure the safe conduct of the Air Show.
The instrument commences on 16 March 2007. It stops having effect at the end of 25 March 2007.
The permission has been issued by a delegate of CASA, appointed under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 98/07]