Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — use of ADS B for the provision of air traffic services
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Part 172 of the Civil Aviation Safety Regulations 1998 (CASR 1998) applies to air traffic service providers.
Airservices Australia
Airservices Australia (AA) holds a certificate of approval issued by CASA under regulation 172.275 to provide air traffic services and is, therefore, an approved air traffic services (ATS) provider subject to the requirements of Part 172 and the Manual of Standards Part 172 (MOS 172).
Subregulation 172.065 (1) of CASR 1998 requires that an ATS provider must comply with the requirements of MOS 172.
Exemption
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998. AA has applied for an exemption. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement), or if no day is specified, 3 years after commencement.
Paragraph 10.2.1.1 of MOS 172 contains requirements for the use of Automatic Dependent Surveillance-Broadcast (ADS-B). Subparagraph 10.2.1.1 (c) contains accuracy requirements for the use of ADS-B data. CASA considers that compliance with the other requirements of paragraph 10.2.1.1, namely that reliable ADS-B coverage exists and that identification of ADS-B equipped aircraft is established and maintained, without compliance with paragraph (c) will ensure improved coverage and smoother tracking of ADS-B aircraft.
This exemption has been granted from paragraph 10.2.1.1 (c) of MOS 172 under subregulation 11.160 (1) of CASR 1998.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or the CAOs. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to class of persons. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).
Compatibility with human rights and freedoms
A statement of human rights compatibility is at Attachment A.
Consultation
Consultation under section 17 of the LIA has not been undertaken. This instrument is a renewal of a previous instrument CASA EX06/11 for which consultation was undertaken with AA.
The instrument commences on the day after it is registered and stops having effect at the end of 18 January 2014.
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX05/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Exemption under regulation 11.160 – use of automatic dependent surveillance ‑ broadcast equipment
This 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 legislative instrument sets out the accuracy requirements for use of Automatic Dependent Surveillance Broadcast (ADS-B) in air traffic services. The primary purpose of the legislative instrument is to allow the display and use of ADS-B at the Horizontal Protection Limit (HPL) of 2NM and for D0260 aircraft, a NUC_P greater than or equal to 4.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority