Explanatory Statement
Civil Aviation Regulations 1988
Exemption — solo flight training using ultralight aeroplanes registered with RAA at Cambridge Airport
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Civil Aviation Order 95.55 (CAO 95.55) permits certain aircraft registered with Recreational Aviation Australia (RAA) to operate in controlled airspace if they comply with conditions set out in the Order. RAA may conduct flight training in controlled airspace under the Order if the aeroplane is registered with the RAA and the pilot is suitably qualified and trained. RAA students cannot conduct solo operations in controlled airspace unless specifically authorised because they do not have private pilot licences.
Instrument CASA EX02/06 was signed on 12 January 2006 and registered on the Federal Register of Legislative Instruments on 17 January 2006. It came into effect on 18 January 2006.
The Sport and Recreational Aviation Section of CASA has determined that condition 3 in the instrument does not accurately reflect the policy intentions and might lead to unintended consequences. This instrument revokes CASA EX02/06 and remakes it by changing the condition to accurately reflect the policy intention.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. 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 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 not been undertaken in this case because the exemption has been made for a minor technical correction.
The instrument commences on the day after it is registered and stops having effect at the end of 31 January 2007.
It has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX07/06]