Explanatory Statement
Civil Aviation Regulations 1988
Exemption — power-assisted glider at the Australian International Air Show, Avalon
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.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt persons from compliance with specified provisions of CAR 1988 in relation to a category of aircraft. Under subregulation 308 (3), an exemption is subject to the person complying with any conditions which CASA specifies to be necessary in the interests of safety.
The Australian International Air Show (the Air Show) is scheduled to be held at Avalon, Victoria, from 10 March 2009 to 15 March 2009. The organiser, AirShows DownUnder, has proposed a display program that includes a display by a pilot from the United States of America using a power-assisted glider. The pilot has participated in overseas air shows on several occasions but his display and the aircraft that he uses require exemptions from certain requirements of CAR 1988 for the purposes of the Air Show.
The exemption is based on Civil Aviation Order 95.4 (CAO 95.4) which allows gliders, powered sailplanes and power-assisted sailplanes to operate subject to exemptions from provisions of CAR 1988 that are considered inapplicable to such aircraft. The exemption grants exemptions taken from CAO 95.4, subject to such of the CAO 95.4 conditions as are applicable to the circumstances of the Air Show.
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 a personal exemption requested for a specific activity during a specific period.
The instrument commences on 10 March 2009 and stops having effect at the end of 15 March 2009.
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX12/09]