Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Safety Regulations 1998
CASA EX125/18 — Repeal of CASA EX65/16 Instrument 2018
Legislation
The purpose of this legislative instrument is to repeal instrument CASA EX65/16, another legislative instrument that is no longer required.
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made the Civil Aviation Safety Regulations 1998 (CASR) and Civil Aviation Regulations 1988 (CAR).
Exemptions
Subpart 11.F of CASR provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160 (1) of CASR provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations.
Regulations relevant to search and rescue operations and training
Subregulation 175 (2) of CAR states that a pilot in command flying in weather conditions other than visual meteorological conditions (V.M.C.) must comply with the instrument flight rules (I.F.R.).
Subregulation 178 (1) of CAR states that an aircraft flying along a route segment for which there is a published lowest safe altitude (LSALT) must not fly below that altitude.
Subregulation 178 (2) of CAR states that an aircraft flying along a route segment for which there is not a published LSALT must not fly below an LSALT determined in accordance with a method determined by CASA.
Permission, authorisation and direction for search and rescue and training
Paragraph 157 (1) (b) of CAR sets a minimum height for flights over any other area other than over a city, town or populous area, unless prescribed circumstances exist or the flight at a lower height is permitted by CASA under subregulation 157 (4).
Under subregulation 150 (1) of CAR, the pilot in command of an aircraft may not permit anything to be dropped from the aircraft except in accordance with directions issued by CASA under subregulation 150 (2).
Under subregulation 151 (1) of CAR, the pilot in command of an aircraft in flight must not allow persons or objects to be picked up by the aircraft. Subregulation 151 (3) grants CASA the power to authorise a pilot to do so, and to impose conditions on the authorisation.
Under subsection 33 (3) of the Acts Interpretation Act 1901 (the AIA), where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Background
By instrument CASA EX65/16, CASA granted exemptions under CASR, and authorisations and directions under CAR, enabling Lloyd Helicopters Pty. Ltd. (the operator) to conduct search and rescue (SAR) operations and SAR training in Airbus EC225 type helicopters.
The operator has advised CASA that it no longer operates the Airbus EC225 aircraft type.
Instrument
In reliance on the power construed from subsection 33 (3) of the AIA, this instrument repeals instrument CASA EX65/16, since it is no longer required by the operator.
Legislation Act 2003 (the LA)
Under subsection 8 (5) and paragraph 10 (1) (c) of the LA, an instrument is a legislative instrument if it includes a provision that repeals another legislative instrument. This instrument repeals CASA EX65/16, which is a legislative instrument.
Therefore, this instrument is also a legislative instrument within the meaning of the LA, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
No consultation has been undertaken for this instrument. The operator has advised that it no longer operates the relevant aircraft type, and has requested that the type be omitted from its air operator’s certificate. In these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LA.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for this type of instrument (OBPR id: 14507).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR.
The instrument commences on the day after registration. Under section 48A of the LA, it is repealed on the day after registration.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA EX125/18 — Repeal of CASA EX65/16 Instrument 2018
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 repeals instrument CASA EX65/16, which granted exemptions under CASR, and authorisations and directions under CAR, enabling Lloyd Helicopters Pty. Ltd. (the operator) to conduct search and rescue (SAR) operations and SAR training in Airbus EC225 type helicopters, subject to safety conditions.
The operator has advised CASA that it no longer operates the Airbus EC225 aircraft type.
Consequently, CASA EX65/16 is no longer required and is being repealed.
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