CASA EX111/13 - 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 F2013L01877 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.

 

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, including that each pilot holds at least 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. The pilot must be a pupil of the operator or carrying out training sequences authorised by the operator. The aeroplane must also 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, being students undergoing training and is, therefore, a legislative instrument.

 

In addition, 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. Under regulation 5A of the Civil Aviation Regulations 1988, if CASA has issued a CAO, and CASA later issues an exemption that affects the operation of the CAO, the later document is declared to be a disallowable instrument. This instrument affects the operation of paragraph 7.3 of CAO 95.55 and is, therefore, a legislative instrument.

 

As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Statement of Compatibility with Human Rights

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

 

Consultation

CASA consulted with the RAA, which supported the operator’s application. In addition, the Self-Administering Sports Aviation Organisations Section in CASA consulted the Sydney Region Office of CASA, which did not oppose the application.  

 

Commencement and making

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 It stops having effect at the end of 30 September 2016, as if it had been repealed by another instrument.

 

The 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 EX111/13]

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 student pilots of Sydney Jabiru Flying School Pty Ltd (the operator) to undertake solo flying in ultralight aeroplanes registered with Recreational Aviation Australia in Bankstown aerodrome controlled airspace. The pilots must be under the control of the operator.

 

The exemption is subject to conditions imposed by CASA in the interests of the safety of air navigation.

 

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 ensure the safety of air navigation and operation, and the airworthiness of aircraft in Australia, thereby addressing gaps in the existing regulatory framework for aviation safety. These regulations provide the Civil Aviation Safety Authority (CASA) with the authority to issue exemptions from certain provisions, including the Civil Aviation Regulations 1988 and the Civil Aviation Orders, to enhance the safety of air navigation. The authority to issue such exemptions is granted under Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations in the interests of safety. The policy objective behind these regulations is to maintain and improve the safety standards of aviation activities while allowing flexibility through exemptions where necessary, as long as they do not compromise air navigation safety. This legislative framework ensures that the regulatory environment is responsive to specific operational needs while maintaining stringent safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended to provide an exemption specifically for Sydney Jabiru Flying School Pty Ltd, allowing the operator to conduct solo flight training for student pilots using ultralight aeroplanes registered with Recreational Aviation Australia (RAA) at Bankstown aerodrome. This exemption pertains to the specific class of persons, namely the student pilots undergoing training at Sydney Jabiru Flying School, and is contingent upon meeting certain conditions to ensure the safety of air navigation. These conditions include the requirement for each pilot to hold a valid class 2 medical certificate, adherence to the RAA training syllabus, and the use of the CASA Day (VFR) Syllabus – Aeroplanes for elements of instruction relating to controlled airspace. Furthermore, the flight instructor must possess the specified minimum qualifications, and the aeroplane must meet the designated design standards and criteria. This exemption is a legislative instrument subject to tabling and disallowance in the Parliament, as outlined in the Legislative Instruments Act 2003. It is compatible with human rights, as stated in the accompanying Statement of Compatibility with Human Rights, which confirms that the exemption does not engage any of the applicable rights or freedoms. The exemption applies within the controlled airspace of Bankstown aerodrome and is intended to facilitate solo flight training under specific conditions while maintaining safety standards. The exemption is not without its constraints, as it only applies to the student pilots of Sydney Jabiru Flying School and is bound by the imposed conditions. Additionally, the exemption is temporary, ceasing to have effect by the end of 30 September 2016, unless otherwise altered by another instrument. This measure underscores the Civil Aviation Safety Authority's (CASA) commitment to ensuring the safe operation of aircraft while accommodating specific training needs within controlled airspace.

Key Provisions

The Civil Aviation Safety Regulations 1998, as amended, empower the Civil Aviation Safety Authority (CASA) to issue exemptions from certain regulations, including the Civil Aviation Regulations 1988 and Civil Aviation Orders (CAOs), to facilitate the safe navigation and operation of aircraft. Specifically, under subregulation 11.160(1) of the CASR 1998, CASA can grant exemptions from provisions related to safe navigation and operation, airworthiness, or design standards for aircraft. Such exemptions may be granted to a person or class of persons, and must be published on the internet under regulation 11.225. They typically last no longer than three years, as stated in subregulation 11.230(1). The exemption in question allows Sydney Jabiru Flying School Pty Ltd to conduct solo flight training in controlled airspace using ultralight aeroplanes registered with Recreational Aviation Australia, under certain conditions. The Act imposes several obligations on Sydney Jabiru Flying School Pty Ltd. Firstly, the operator must ensure that each pilot holds a valid class 2 medical certificate, as stipulated in the exemption conditions. Additionally, the RAA training syllabus must be used, and the CASA Day (VFR) Syllabus – Aeroplanes must be followed for instruction in controlled airspace. The flight instructor must meet the specified minimum qualifications, and the pilot must be a pupil of the operator or authorised by the operator for training sequences. The aeroplane must meet specified design standards and criteria. These conditions are essential to maintain the safety of air navigation. Breaching the conditions of the exemption can result in significant consequences. The Act and associated regulations outline various offences, penalties, and consequences for non-compliance. While the specific penalties are not detailed in the provided text, generally, breaches of civil aviation safety regulations can lead to fines, suspension or revocation of pilot licenses, and other civil or criminal penalties. The severity of the penalties depends on the nature and severity of the breach, but they are designed to enforce compliance and ensure the safety of all airspace users. In summary, the exemption granted under the Civil Aviation Safety Regulations 1998 allows Sydney Jabiru Flying School Pty Ltd to conduct solo flight training in controlled airspace at Bankstown aerodrome, subject to specific conditions. These conditions are crucial for ensuring the safety of air navigation. Failure to comply with these conditions can lead to serious civil or criminal penalties, reflecting the importance of adhering to aviation safety standards.

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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.