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 World Wide Web. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 2 years after its commencement), or if no day is specified, 2 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
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. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. The exemption 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 been undertaken with AA which requested that the exemption be issued.
The instrument commences on the day after it is registered and stops having effect at the end of 19 January 2013.
The exemption has been made by a delegate of CASA in accordance with subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX06/11]