Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Mode S transponder equipment
Purpose
The exemption would allow aircraft that would not usually operate at airports equipped with advanced surface movement and guidance systems to operate at Brisbane airport on 19 and 20 August 2016 for the purpose of participating in the Aviation Careers Expo held at the airport on those days.
Legislative background
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that an Australian aircraft shall not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment, including emergency equipment, as the Civil Aviation Safety Authority (CASA) approves or directs.
Subregulation 5 (1) of CAR 1988 provides that whenever CASA is empowered by CAR 1988 to give directions or approvals, it may do so in the Civil Aviation Orders (the CAOs).
Civil Aviation Order 20.18 (CAO 20.18) sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations. Paragraph 9.E.4 of CAO 20.18 provides that on and after 4 February 2016, an aircraft operating at Brisbane, Sydney, Melbourne or Perth aerodrome must carry a serviceable Mode S transponder that meets the standards mentioned in subparagraphs 9.E.4 (a) and (b).
The exemption would allow aircraft that would not usually operate through airports equipped with Advanced Surface Movement Guidance and Control Systems that are subject to the mandate in paragraph 9.E.4 to operate at Brisbane airport but only on 19 and 20 August 2016 and for the purpose of the Aviation Careers Expo held at Brisbane airport on those days. The purpose of the Expo is to showcase the aviation industry to the public at an accessible venue.
Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of CAR 1988. 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 11.170 (3), in deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
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 11.210, it is an offence to fail to comply with a condition of an exemption.
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.
Legislation Act 2003
Under regulation 5A of CAR 1988, if CASA has issued a CAO, and CASA later issues an exemption that in any way affects the operation of the CAO, the later instrument is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Under section 57A of the Legislation Act 2003 (the LA), an instrument is a legislative instrument if it is declared to be a disallowable instrument under legislation in force before the commencement of the LA. The instrument is, therefore, a legislative instrument and it 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
Section 17 of the LA requires a rule maker to be satisfied that appropriate and reasonably practical consultation has been undertaken in relation to the instrument. Airservices Australia has been consulted about the exemption, including Brisbane Air Traffic Control. They have not expressed any objection to the exemption and a booking system has been developed to ensure that the exempt aircraft are known in advance and handled appropriately.
Commencement and making
The exemption commences on 19 August 2016 and will be repealed at the end of 20 August 2016.
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX125/16]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — Mode S transponder equipment
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 would allow aircraft that would not usually operate at airports equipped with Advanced Surface Movement Guidance and Control Systems to operate at Brisbane airport on 19 and 20 August 2016 for the purpose of participating in the Aviation Careers Expo held at the airport on those days.
The primary purpose of the legislative instrument is to allow the aircraft to operate without an FDR, on the basis that the aircraft incorporates satisfactory and contemporary safety features.
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