CASA EX104/17 - Exemption — Mode S transponder equipment at Brisbane aerodrome for Aviation Careers Expo

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

Legislation au F2017L00974 Not in force Legislative Instrument

Legislation content

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

Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to ensure the safe navigation and operation of aircraft, among other objectives. This legislative instrument, F2017L00974, is an exemption made under section 98 of the Civil Aviation Act 1988 by the Civil Aviation Safety Authority (CASA) to address a specific operational need during the 17th annual Aviation Careers Expo held at Brisbane aerodrome from 18 to 21 August 2017. The exemption allows certain aircraft that are not typically equipped with Mode S transponders to operate at Brisbane aerodrome during the Expo, provided they meet other specified conditions aimed at maintaining safety. This exemption was introduced to facilitate the participation of these aircraft in the Expo, which engages the public with the aviation industry through exhibits and aircraft displays. The instrument is subject to parliamentary scrutiny under the Legislation Act 2003 and has been declared compatible with human rights.

Scope and Application

The Civil Aviation Safety Regulations 1998 Exemption pertains specifically to the requirements for Mode S transponder equipment for aircraft operating at Brisbane aerodrome during the period of 18 to 21 August 2017, in the context of the 17th annual Aviation Careers Expo. The exemption applies to aircraft operators who would not ordinarily comply with the Mode S transponder requirements for operations at airports equipped with Advanced Surface Movement and Guidance Systems (ASMGS), such as Brisbane aerodrome. This exemption allows these operators to participate in the Expo without the necessity of fitting their aircraft with the required Mode S transponder, provided they adhere to specified conditions. The primary condition is that the aircraft must be equipped with a Mode A/C transponder suitable for operation in the Class C airspace above Brisbane. Additionally, operators must include a clear notation in their flight plans indicating the operation under a Mode S transponder exemption. The exemption is granted under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it is subject to the overarching principle of maintaining an acceptable level of safety. The exemption is a legislative instrument and must be tabled and potentially disallowed by the Parliament as per the Legislation Act 2003. The exemption commences on 18 August 2017 and will be repealed at the end of 21 August 2017, providing a buffer period around the Expo dates to accommodate for any operational delays.

Key Provisions

The key provisions of this legislation (F2017L00974) concern an exemption for certain aircraft to operate at Brisbane Aerodrome during the Aviation Careers Expo 2017, without being equipped with a Mode S transponder. This exemption is provided under subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR), which allows the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with a provision of the Civil Aviation Regulations 1998 (CAR) if necessary for safety reasons. Specifically, the exemption applies to aircraft operating at Brisbane Aerodrome between 18 and 21 August 2017 that are participating in the 17th annual Aviation Careers Expo. These aircraft, which do not usually operate at airports equipped with Advanced Surface Movement Guidance and Control Systems, are exempted from the requirements of paragraph 9E.4 of Civil Aviation Order 20.18 and paragraph 207(2)(b) of CAR. The obligations and requirements imposed by this Act include two main conditions for operators of aircraft wishing to take advantage of the exemption. Firstly, the aircraft must be equipped with a transponder that meets the requirements for operation in airspace above Brisbane Aerodrome, specifically a Mode A/C transponder for Class C airspace. Secondly, the operator must include a clear indication in their flight plan text that the aircraft is operating under a Mode S transponder exemption. This ensures that the aircraft can still safely navigate and operate within the specified airspace, while allowing them to participate in the Expo. There are also provisions regarding the penalties and consequences for non-compliance with the conditions of the exemption. Under subregulation 11.205(1) of CASR, CASA can impose conditions on an exemption if necessary in the interests of air navigation safety. Failure to comply with these conditions is an offence under regulation 11.210, with the potential for enforcement actions. The exemption itself ceases on the specified day or, if no day is specified, three years after its commencement under subregulation 11.230(1). This ensures that the exemption is temporary and subject to review, maintaining a focus on safety. In terms of civil and criminal consequences, while the Act does not specify maximum penalties for non-compliance with the exemption conditions, penalties for failing to comply with a condition of an exemption generally fall under the broader framework of aviation safety regulations. These can include fines, suspension or revocation of aircraft operating certificates, and potential criminal charges in cases of serious non-compliance. The overarching aim of the exemption is to balance the need for the Expo to proceed with the imperative to maintain a high standard of 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.