CASA EX11/14 - Exemption — Sydney Jabiru Flying School solo flight training at Bankstown Aerodrome

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

Legislation au F2014L00162 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — Sydney Jabiru Flying School solo flight training at Bankstown Aerodrome

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.

 

Subsection 98 (5A) of the Act provides that the Regulations may empower CASA to issue instruments in relation to the following:

(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or

(b) the airworthiness of, or design standards for, aircraft.

 

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A), CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988 or a provision of the Civil Aviation Orders (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.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

CAO 95.55 permits certain aircraft registered with Recreational Aviation Australia Incorporated (the RAA) to operate in controlled airspace if they comply with conditions set out in CAO 95.55. The RAA may conduct flight training in controlled airspace under CAO 95.55 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.

 

The exemption is to allow Sydney Jabiru Flying School Pty Ltd (the operator) to conduct solo flight training for student pilots and other pilots using ultralight aeroplanes registered with the RAA. The operator is required to meet all the conditions of CAO 95.55 except the requirement not to fly solo in controlled airspace without a valid private pilot licence. The exemption is subject to conditions. The conditions include a requirement that each pilot holds a valid class 2 medical certificate and that the RAA training syllabus is used. In addition, the operator must use the CASA Day (VFR) Syllabus – Aeroplanes for elements of instruction relating to controlled airspace, and the flight instructor must hold the specified minimum qualifications. In addition, the pilot must be a pupil of the operator or carrying out training sequences authorised by the operator. The aeroplane must meet the specified design standards and criteria.

 

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 or the CAOs. 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 undergoing training and is, therefore, legislative. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Consultation

The instrument is a repeal and renewal of a previous exemption (CASA EX111/13). Before that exemption was issued, CASA consulted with the RAA. The initial consultation also involved Airservices Australia with the formation of a Letter of Agreement to allow the use of Bankstown airspace by RAA aircraft. The previous exemption has been used with no safety issues arising out of it.

 

The purpose of the repeal and renewal is to make the wording of the exemption consistent with that used in a later instrument (CASA EX123/13) issued for the same purpose. The change in the wording does not alter the effect of the exemption in any way but has been made to ensure that the exemptions are uniform.

 

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 1998.

 

The instrument commences on the day of registration. It expires at the end of
30 September 2016, as if it had been repealed by another instrument.

 

[Instrument number CASA EX11/14]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — Sydney Jabiru Flying School solo flight training at Bankstown Aerodrome

 

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 solo flying in controlled airspace by student pilots and other pilots using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated. The pilots have to be under the control of Sydney Jabiru Flying School Pty Ltd.

 

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, as amended by the Civil Aviation Safety Regulations 1998 (Explanation Statement) in 2014, provides a legislative framework aimed at ensuring the safety of air navigation in Australia. This regulation is instrumental in addressing the specific need to allow certain exemptions for solo flight training activities conducted by Sydney Jabiru Flying School Pty Ltd at Bankstown Aerodrome. The objective of these regulations is to balance the safety requirements with the operational needs of flight training schools. Enacted by the Parliament of Australia, the regulation empowers the Civil Aviation Safety Authority (CASA) to issue exemptions and conditions that ensure safe navigation and operation of aircraft within controlled airspace. This regulatory approach is designed to maintain high safety standards while accommodating the practical requirements of flight training operations. The Civil Aviation Safety Regulations 1998 were designed to empower CASA to issue exemptions under Section 98 of the Civil Aviation Act 1988, ensuring the safety of air navigation and the operation of aircraft. The specific exemption for Sydney Jabiru Flying School aims to allow the school to conduct solo flight training with ultralight aeroplanes registered with Recreational Aviation Australia Incorporated, subject to strict conditions that ensure the safety of air navigation. These conditions include requirements for pilot qualifications, adherence to specific training syllabi, and compliance with medical certification standards. The regulatory approach taken in this exemption ensures that while solo flight training can proceed, the overarching safety objectives of the Civil Aviation Act 1988 are maintained.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, allows the Civil Aviation Safety Authority (CASA) to issue exemptions from certain regulations to ensure the safe navigation and operation of aircraft, and the airworthiness of aircraft. This particular exemption applies to Sydney Jabiru Flying School Pty Ltd, enabling them to conduct solo flight training for student pilots and other pilots using ultralight aeroplanes registered with Recreational Aviation Australia Incorporated. This exemption is subject to specific conditions, including the requirement that each pilot holds a valid class 2 medical certificate and that the RAA training syllabus is used, among others. The exemption applies nationally and is limited to the conditions specified, which do not affect the general applicability of other provisions of the Civil Aviation Safety Regulations 1998. The exemption is also subject to parliamentary disallowance under the Legislative Instruments Act 2003 if it is deemed to be a legislative instrument. This exemption is consistent with human rights, as indicated in the Statement of Compatibility with Human Rights attached to the legislative instrument.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) empower the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions, as outlined in section 98 of the Civil Aviation Act 1988 (the Act). Specifically, subregulation 11.160(1) of CASR 1998 allows CASA to issue exemptions from regulations related to the safe navigation, operation, maintenance of aircraft, or airworthiness and design standards. Such exemptions can be granted to a person or a class of persons, and can be subject to specific conditions to ensure the safety of air navigation, as provided under subregulation 11.205(1) of CASR 1998. Importantly, any exemption must be published on the internet under regulation 11.225 of CASR 1998, and it will cease to be in effect three years after its commencement unless a different duration is specified under subregulation 11.230(1). The obligations imposed by this legislation on Sydney Jabiru Flying School Pty Ltd include ensuring compliance with the Civil Aviation Orders (CAO) 95.55 conditions, except for the requirement of a private pilot licence for solo operations in controlled airspace. The operator must meet several stringent conditions to obtain the exemption, such as ensuring each pilot holds a valid class 2 medical certificate, using the CASA Day (VFR) Syllabus – Aeroplanes for controlled airspace instruction, and ensuring the flight instructor meets specified minimum qualifications. Additionally, the ultralight aeroplanes must meet specified design standards and criteria, and the pilot must be a pupil of the operator or carrying out training sequences authorised by the operator. Failure to comply with the conditions of the exemption may result in serious consequences. As the exemption is a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The potential penalties for non-compliance are not explicitly stated in the provided text, but generally, breaches of aviation safety regulations can lead to both civil and criminal penalties, including fines and imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as any relevant aviation safety legislation.

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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.