CASA EX116/16 - Exemption — use of radiocommunication systems during parachute operations (Australian Parachute Federation)

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

Legislation au F2016L01274 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption use of radiocommunication systems during parachute operations (Australian Parachute Federation)

 

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.

 

Subregulation 83 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that a person commits a criminal offence if the person transmits on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation, and the person is not qualified to transmit on the radio frequency. The offence attracts a maximum penalty of 50 penalty units. Subregulation 83 (2) sets out the circumstances in which a person is qualified to transmit on a radio frequency of a kind used for the purpose of ensuring the safety of air navigation. Subregulation 82 (3) provides that an offence against the regulation is an offence of strict liability.

 

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

 

Regulation 11.205 provides that CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence not to comply with the obligations imposed by a condition. Regulation 11.225 of CASR 1998 requires an exemption to be published on the Internet. Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.

 

Instrument

The Australian Communications and Media Authority (the ACMA) has authorised the operation of aeronautical mobile stations via the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2006. Under this class licence, the 119.2 MHz radio frequency band may be used for purposes associated with parachute club operations.

 

During the conduct of those parachute operations, ground control assistants have a need to use radiocommunication systems for air-to-ground communications in order to communicate with jump aircraft and help ensure the safety of the operation. Although these ground control assistants are trained in the use of radiocommunication systems for use in parachute operations, they do not usually hold licences or certificates of the kind referred to in subregulation 83 (2) of CAR 1988 or hold pilot licences of the kind mentioned in regulation 61.435 of CASR 1998.

 

The effect of this exemption is to exempt members of the Australian Parachute Federation Ltd (the APF) from compliance with regulation 83 of CAR 1988 if they are acting as ground control assistants during a parachute operation. In the absence of this exemption, regulation 83 of CAR 1988 would otherwise prohibit these members from using a radiocommunication system during these operations as a result of not having the qualifications prescribed under that regulation for transmitting on aeronautical radio frequencies.

 

The exemption is subject to a number of conditions in the interests of aviation safety. These conditions include the requirement for the member to have completed an APFprescribed training course for the use of aviation radiocommunication systems, and be assessed and approved as competent to transmit ground-to-air communications by the APF’s Manager of Safety and Training (or their delegate). The member must only use the aeronautical mobile radio frequency band allocated or licensed by the ACMA for parachute club operations, and this radio frequency band may only be used for ground-to-air communications with the pilot in command of the jump aircraft. In addition, the member must only operate a radiocommunication system with a transmitter output power which does not exceed 5 watts.

 

Legislation Act 2003 (the LA)

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations. 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 engaged in parachuting operations. Accordingly, the instrument is a legislative instrument, and 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

Consultation under section 17 of the LA has taken place with the APF, who requested the issuing of this exemption for the benefit of their members. The instrument is required to enable ground control assistants to communicate with jump aircraft during parachute operations and help ensure the safety of these operations.

 

CASA’s consultations included a review of the safety implications associated with the exemption and assessment of the APF’s proposed radiocommunication systems training developed in support of the APF’s request for the instrument. In light of this consultation process, CASA is satisfied that there are no adverse safety implications associated with the grant of this exemption.

 

Making and commencement

The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

The instrument commences on the day of registration, and is repealed at the end of 30 June 2019.

 

[Instrument number CASA EX116/16]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Exemption  use of radiocommunication systems during parachute operations
(Australian Parachute Federation)

 

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 members of the Australian Parachute Federation Ltd to communicate with pilots of parachute jump aircraft via radio, despite not having the qualifications for transmitting on aeronautical radio frequencies required by regulation 83 of the Civil Aviation Regulations 1988. The exemption will help these members maintain the safety of parachute operations by enabling them to communicate with the jump aircraft via radio.

 

The exemption is subject to a number of conditions requiring these members to be adequately trained and assessed as competent to use these radiocommunication systems. In addition, these members must use the radio frequency band identified for parachute club operations when communicating with pilots of jump aircraft.

 

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 1998) were enacted to ensure the safety of air navigation and were made under section 98 of the Civil Aviation Act 1988. This legislation addresses the problem of ground control assistants, who are often trained but not usually licensed or certificated to transmit on aeronautical radio frequencies, needing to use radiocommunication systems during parachute operations to communicate with jump aircraft. This exemption allows members of the Australian Parachute Federation to use radiocommunication systems under specific conditions to ensure the safety of parachute operations. The exemption is subject to conditions that include the requirement for members to complete an approved training course, be assessed and approved as competent by the APF’s Manager of Safety and Training, and only use the radio frequency band allocated for parachute club operations. The exemption was introduced following consultation with the Australian Parachute Federation, and there are no adverse safety implications associated with its grant. The instrument is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislation Act 2003.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 (Act) provides a framework for ensuring the safety of air navigation, including the use of radiocommunication systems. Specifically, subregulation 83 of the Civil Aviation Regulations 1988 (CAR 1998) stipulates that a person commits a criminal offence if they transmit on a radio frequency used for ensuring the safety of air navigation without the requisite qualifications. This regulation applies to any person or entity conducting such transmissions in Australia, including commercial and recreational aviation activities. However, under section 98 of the Act, the Governor-General has the authority to issue exemptions from these regulations in the interest of safety, a power exercised by the Civil Aviation Safety Authority (CASA) through subordinate instruments. This particular instrument grants an exemption from subregulation 83 of CAR 1998 for members of the Australian Parachute Federation Ltd acting as ground control assistants during parachute operations. This exemption is subject to conditions ensuring aviation safety, such as completing an APF-prescribed training course, being assessed and approved by the APF’s Manager of Safety and Training, using only the allocated radio frequency band for parachute operations, and operating radiocommunication systems with a transmitter output power not exceeding 5 watts. The exemption is applicable to any class of persons engaged in parachuting operations and is therefore considered a legislative instrument under the Legislation Act 2003. This instrument, which commences on the day of registration and expires on 30 June 2019, facilitates essential communications between ground control assistants and jump aircraft pilots, enhancing the safety of parachute operations while adhering to strict conditions.

Key Provisions

The key provisions of the Civil Aviation Safety Regulations 1998 (CASR 1998) and the Civil Aviation Act 1988 (the Act) focus on ensuring safe air navigation by regulating the use of radiocommunication systems during parachute operations. Specifically, regulation 83 of the Civil Aviation Regulations 1998 (CAR 1998) stipulates that only qualified individuals can transmit on radio frequencies used for air navigation safety. This regulation establishes that any unauthorised transmission on such frequencies constitutes a criminal offence, with a maximum penalty of 50 penalty units, and it is an offence of strict liability (section 83(1) and (3) of CAR 1998). Subregulation 83(2) of CAR 1998 further defines the qualifications required to transmit on these frequencies. The Act and the CASR 1998 impose specific obligations on parties involved in parachute operations. Members of the Australian Parachute Federation Ltd (APF) who act as ground control assistants are granted an exemption from the requirements of regulation 83 of CAR 1998, but this exemption is subject to certain conditions to ensure safety. These conditions include completing an APF-prescribed training course, being assessed and approved as competent by the APF’s Manager of Safety and Training, and using only the specific radio frequency band allocated for parachute club operations (regulation 11.205 of CASR 1998). Additionally, the exemption requires that the transmitter output power of the radiocommunication system does not exceed 5 watts (regulation 11.205 of CASR 1998). Failure to comply with the conditions of the exemption is treated as a strict liability offence under regulation 11.210 of CASR 1998, and the maximum penalty for such an offence is not explicitly stated in the provided text. The exemption itself is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislation Act 2003 (LA). This legislative instrument is also subject to a Statement of Compatibility with Human Rights, which confirms that the exemption does not engage any of the applicable rights or freedoms, thus maintaining its compatibility with human rights. The exemption is in effect until the end of 30 June 2019, as stipulated in the instrument (CASA EX116/16).

Legal classification tags

Area of Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Compliance Obligations
Enforcement Powers
Exemptions & Exclusions
Catchwords
Exemption
Radiocommunication systems
Parachute operations

Interactions

Authorises

All Versions

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.