Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from compliance with subregulation 262AN(3) of the Civil Aviation Regulations 1988 (CAR 1988)
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may, in relation to a particular aircraft or specified type or category of aircraft, exempt that aircraft, type or category from compliance with the regulations. Subregulation 308 (3) provides that the exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety. Under subregulation 308 (4), the exemption is a disallowable instrument for section 46A of the Acts Interpretation Act 1901.
The operator named in the exemption owns and operates several historic or ex-military aircraft. The aircraft have special certificates of airworthiness in the limited category issued in accordance with subregulation 21.189(1) of the Civil Aviation Safety Regulations 1998.
The operator wishes to operate these aircraft without being subject to subregulation 262AN(3) of CAR 1988 which would require him to comply with the a manual issued by an approved organisation. The Australian Warbirds Association Ltd (AWAL) is the organisation approved under subregulation 262AN(1) for that purpose.
The exemption allows the operator to fly the aircraft without complying with the AWAL manual. The exemption is subject to the conditions mentioned in Schedule 1 of the instrument. Among other conditions the aircraft may be used only for exhibition flights and must not carry passengers.
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. 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 LIA.
Consultation
Consultation within the aviation industry as a whole has not taken place. The operator has requested the instrument for the use of his own aircraft subject to conditions.
The exemption commences on the day after it is registered and stops having effect at the end of April 2011.
The exemption has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX109/10]