Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Mode S transponder equipment at Brisbane aerodrome for Aviation Careers Expo
Purpose
The exemption would allow aircraft that would not usually operate at airports equipped with Advanced Surface Movement and Guidance Systems (ASMGS) to operate at Brisbane aerodrome between 18 and 21 August 2017 for the purpose of participating in the 17th annual Aviation Careers Expo.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR) provides that an Australian aircraft must not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment, including emergency equipment, as the CASA approves or directs.
Subregulation 5 (1) of CAR provides that whenever CASA is empowered by CAR to give directions or approvals, it may do so in the Civil Aviation Orders.
Civil Aviation Order 20.18 (CAO 20.18) sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations. Paragraph 9E.4 of CAO 20.18 provides that on and after 4 February 2016, an aircraft operating at Brisbane, Sydney, Melbourne or Perth aerodrome must carry a serviceable Mode S transponder that meets the standards mentioned in subparagraphs 9E.4 (a) and (b).
Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR), CASA may grant an exemption from compliance with a provision of CAR. 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 11.170 (3), in deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
Under subregulation 11.205 (1) of CASR, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.210, it is an offence to fail to comply with a condition of an exemption.
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.
Instrument
The 17th Aviation Careers Expo will be held in Brisbane on 19 and 20 August 2017. It is an annual event where the aviation industry engages with aviation enthusiasts and career aspirants, and features exhibits from universities, airlines, the Australian Defence Force, and government agencies. As part of the Expo, approximately 40 aircraft are expected to attend the event to showcase and promote the aviation industry to nearly 4 000 attendees. Some operators of those aircraft will not be able to comply with Mode S transponder fitment requirements that allow an aircraft to engage with airport ASMGS. Those aircraft do not routinely operate at major airports that have ASMGS. Accordingly, operators of these aircraft will not be able to comply with the requirements of paragraph 9E.4 of CAO 20.18.
The instrument exempts persons using aircraft at Brisbane aerodrome at the invitation of the Expo organiser who are unable to comply with Mode S transponder requirements. The exemptions are from the Mode S transponder requirements under paragraph 9E.4 of CAO 20.18 and paragraph 207 (2) (b) of CAR.
Two conditions apply to operators that wish to take advantage of the exemption. First, the operator is required to ensure that their aircraft is equipped with a transponder that meets the requirements for operation in airspace above Brisbane aerodrome. This means that the aircraft must be fitted with a Mode A/C transponder to be able to operate in the overlying Class C airspace. Secondly, the operator must enter in their flight plan text that clearly indicates that the aircraft is operating under a Mode S transponder exemption.
Legislation Act 2003 (the LA)
Paragraph 98 (5A) (a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation or the maintenance of aircraft. Additionally, paragraph 98 (5AA) (a) of the Act provides that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. The instrument exempts a class of operators whose aircraft do not comply with the requirement in CAO 20.18 to carry a serviceable Mode S transponder for operations at Brisbane aerodrome.
The instrument is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Consultation
Section 17 of the LA requires a rule maker to be satisfied that appropriate and reasonably practical consultation has been undertaken in relation to the instrument. Airservices Australia was consulted about the exemption and did not express any objection to the exemption. A booking system has been developed to ensure that the exempt aircraft are known in advance and handled appropriately. A similar exemption for the 16th Aviation Careers Expo in 2016 did not raise any safety issues. In these circumstances, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.
Making and commencement
The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR.
The exemption commences on 18 August 2017 and will be repealed at the end of 21 August 2017. While the Expo itself will be held on 19 and 20 August 2017, the additional day either side of the Expo provides extra scheduling and operational flexibility in response to inclement weather or other delays. The number of aircraft at the Expo and their movements will be controlled by the Expo organisers and Airservices Australia.
[Instrument number CASA EX104/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — Mode S transponder equipment at Brisbane aerodrome for Aviation Careers Expo
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 would allow aircraft that would not usually operate at airports equipped with Advanced Surface Movement Guidance and Control Systems to operate at Brisbane aerodrome between 18 and 21 August 2017 for the purpose of participating in the 17th annual Aviation Careers Expo.
The primary purpose of the legislative instrument is to allow the aircraft to operate without being equipped with a Mode S transponder, subject to conditions imposed in the interests of aviation safety.
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