Explanatory Statement
Civil Aviation Regulations 1988
Exemption — night acrobatic flight
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.
Under paragraph 155 (1) (a) of the Civil Aviation Regulations 1988 (CAR 1988), a pilot in command must not fly an aircraft in acrobatic flight at night.
The Australian International Air Show 2007 (the Air Show) is scheduled to be held at Avalon, Victoria, from 9 March 2007 to 25 March 2007. The organiser, Aviation Development Australia Limited, has proposed a display program that includes night aerobatic performances. The operators have asked for an exemption for Robert Jay Carlton, the pilot in command of the Alisport SRL Silent‑IN jet glider N320AM, to perform acrobatic flights at the Air Show.
Having considered the safety implications of the request for the exemption in the context of the controlled environment of the Air Show, CASA has agreed to grant the exemption from the requirements of paragraph 155 (1) (a) of CAR 1988, not to fly an aircraft in acrobatic flight at night.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. 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 exemption 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 under section 17 of the LIA has not been undertaken in this case. The instrument is an exemption requested for a specific activity during a specified period. Similar instruments have been issued for operations of this nature.
The instrument comes into effect at the beginning of 23 March 2007. It will only apply to the night display that is part of the official program approved by the organisers of the Air Show. The instrument stops having effect at the end of 23 March 2007.
The exemption has been made by the Deputy Chief Executive Officer, Operations, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX12/07]