CASA EX09/13 - Exemption — use of ADS-B in aircraft operated Aerolineas Argentinas

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

Legislation au F2013L00153 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — use of ADS-B in aircraft operated Aerolineas Argentinas

 

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.

 

Under section 27 of the Act, CASA may issue Air Operators Certificates (AOCs) with respect to aircraft for the purpose of safety regulation.

 

Under paragraph 28BA (1) (b) of the Act, an AOC has effect subject to any conditions specified in the regulations or the Civil Aviation Orders (the CAOs).

 

Part 82 of the CAOs specifies conditions on AOCs. Civil Aviation Order (CAO) 82.5 contains conditions on those AOCs that authorise regular public transport (RPT) operations in high capacity aircraft.

 

Subsection 10 of CAO 82.5 sets out obligations on operators who hold foreign aircraft AOCs for high capacity RPT operations in Australia (the relevant foreign operators).

 

Paragraph 10.8 of CAO 82.5 provides that the operator of a foreign registered aircraft must ensure that, if the aircraft is operated in high capacity RPT operations, it complies with the requirements (Directions) in Appendixes 4 and 4A to Civil Aviation Order 82.5.

 

Appendixes 4 and 4A of CAO 82.5 apply to Automatic Dependent Surveillance-Broadcast (ADS-B) equipment. Appendix 4, through the definition of approved equipment configuration, applies the technical standards in Appendix 5.

 

At present aircraft do not have to carry compliant ADS-B equipment but those that do must have an approved equipment configuration as defined in Appendix 4. Under clause 7 of Appendix 4 to CAO 82.5, carriage of ADS-B equipment that complies with an approved equipment configuration becomes compulsory at or above FL 290 on and after 12 December 2013.

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including Civil Aviation Regulations 1988, or a provision of the CAOs, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. 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.

 

The aircraft to which the exemption applies do not have an approved equipment configuration because they do not comply with the technical standard mentioned in Appendix 5 for the transmission of the geographical position of the aircraft. To enable transmissions to continue in spite of non-compliance with this requirement, this exemption will allow the aircraft to continue to use their ADS-B equipment. The exemption is from Appendixes 4 and 5 to CAO 82.5.

 

The exemption is subject to conditions. Transmissions will be for identification purposes only. The exempted aircraft will be denied access to ADS-B based separation services. The conditions of the exemption state that the pilot in command must not indicate ADS-B equipage on the flight plans for either of the aircraft.

 

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. 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 instrument applies to a class of persons, the pilots in command of the exempted aircraft. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (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 been undertaken. CASA consulted with Airservices Australia and Aerolineas Argentinas. Aerolineas Argentinas has accepted the conditions in the instrument.

 

Human Rights Compatibility Statement

A statement of compatibility with human rights is at attachment 1.

 

Making and commencement

The instrument commences on the day after registration and stops having effect at the end of July 2013.

 

This 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 EX09/13]


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 in certain aircraft

 

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 permits the use of automatic dependent surveillance —broadcast (ADS-B) equipment in 2 aircraft operated by the named operator that do not meet all the specified technical standards for ADS-B equipment. The exemption is subject to conditions directed by CASA in the interest of safety to allow the equipment to be used subject to limitations.

The primary purpose of the legislative instrument is to allow the operator to continue limited use of the ADS-B equipment until it can replace the 2 identified aircraft.

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

Overview

The Civil Aviation Safety Regulations 1998 were enacted to provide comprehensive safety regulations for civil aviation in Australia, ensuring the safety of air navigation and the operation of aircraft. The regulations were introduced to address the need for stringent safety standards and procedures in the aviation industry, thereby protecting the public and maintaining the integrity of air travel. The Australian Parliament is the enacting body responsible for overseeing and approving these regulations, which are overseen by the Civil Aviation Safety Authority (CASA). The policy objective of these regulations is to ensure that all civil aviation activities within Australia comply with the highest safety standards, thereby preventing accidents and ensuring the safety of all individuals involved in air travel. This legislative framework is critical in maintaining the safety and efficiency of Australia's aviation sector, aligning with international standards and best practices to safeguard both passengers and crew. The Civil Aviation Safety Regulations 1998 include provisions for exemptions from certain regulatory requirements under specific conditions to balance safety with operational flexibility. This includes the exemption for the use of Automatic Dependent Surveillance-Broadcast (ADS-B) equipment in aircraft operated by Aerolineas Argentinas that do not fully comply with technical standards. The exemption, issued under the authority of the Civil Aviation Act 1988, allows the continued use of ADS-B equipment for identification purposes only, subject to strict conditions to ensure that safety is not compromised. This exemption mechanism is designed to support the operational continuity of the airline while addressing non-compliance with specific technical standards, thereby maintaining overall safety standards within the aviation sector.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the framework for the Civil Aviation Safety Authority (CASA) to regulate air safety, including the issuance of Air Operators Certificates (AOCs) and the conditions under which these certificates are granted. Under the Civil Aviation Act 1988, CASA has the authority to make regulations and issue AOCs to ensure the safety of air navigation. Specifically, section 27 of the Act allows CASA to issue AOCs for aircraft, while section 28BA(1)(b) mandates that these certificates are subject to any conditions specified in the regulations or Civil Aviation Orders (CAOs). Part 82 of the CAOs includes conditions on AOCs, with CAO 82.5 setting out obligations for operators of foreign aircraft conducting high capacity regular public transport operations in Australia. These obligations include compliance with ADS-B equipment requirements as outlined in Appendixes 4 and 4A to CAO 82.5. The exemption granted under subregulation 11.160(1) of the CASR 1998 allows specific aircraft operated by Aerolineas Argentinas to use ADS-B equipment despite not meeting all technical standards, subject to conditions ensuring safety, such as limiting the use of ADS-B for identification purposes only and prohibiting access to ADS-B based separation services. The exemption is also subject to the Legislative Instruments Act 2003, meaning it must be tabled and is subject to disallowance by the Parliament. The exemption is effective until the end of July 2013 and is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide an exemption for the use of Automatic Dependent Surveillance-Broadcast (ADS-B) equipment in two specific aircraft operated by Aerolineas Argentinas. This exemption is outlined in subregulation 11.160(1) of CASR 1998, which allows the Civil Aviation Safety Authority (CASA) to grant exemptions from regulatory provisions if necessary for the safety of air navigation. The exemption in question applies to aircraft that do not meet the technical standards specified in Appendixes 4 and 5 to Civil Aviation Order (CAO) 82.5, which pertain to ADS-B equipment for high capacity regular public transport operations. This exemption is subject to certain conditions, including the limitation that the aircraft must only use the ADS-B equipment for identification purposes and will be denied access to ADS-B based separation services. Additionally, the pilot in command must not indicate ADS-B equipage on the flight plans for these aircraft. The obligations imposed by this exemption are primarily safety-related. CASA must ensure that the exemption does not compromise the safety of air navigation, as stipulated in subregulation 11.205(1) of CASR 1998. Furthermore, the exemption must be published on the Internet as required by regulation 11.225 of CASR 1998. The exemption will cease no later than three years from its commencement, as per subregulation 11.230(1) of CASR 1998. The exemption is also subject to tabling and disallowance in Parliament, in accordance with sections 38 and 42 of the Legislative Instruments Act 2003, as it applies to a class of persons or aircraft. Failure to comply with the conditions of this exemption may result in civil or criminal consequences. Specifically, any breach of the conditions specified by CASA in the interest of safety could lead to enforcement actions. While the Civil Aviation Safety Regulations 1998 do not explicitly state maximum penalties for non-compliance with exemptions, general aviation regulations and orders could apply, potentially including fines and other sanctions. The severity of penalties would depend on the nature and extent of the breach, as well as the impact on aviation safety.

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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.