CASA EX125/18 — Repeal of CASA EX65/16 Instrument 2018

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Legislation au F2018L01308 Not in force Legislative Instrument

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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

Overview

The Civil Aviation Regulations 1988 and the Civil Aviation Safety Regulations 1998 were enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, with the primary objective of ensuring the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue exemptions, authorisations, and directions to maintain and enhance aviation safety standards. A specific legislative instrument, CASA EX65/16, was introduced to allow Lloyd Helicopters Pty Ltd to conduct search and rescue operations and training in Airbus EC225 type helicopters under specified safety conditions. Given that Lloyd Helicopters has ceased operations with the Airbus EC225 aircraft type, CASA EX65/16 is no longer necessary and has been repealed through CASA EX125/18, which aligns with the Civil Aviation Act 1988 and the Acts Interpretation Act 1901. This repeal ensures that outdated or unnecessary regulatory instruments are efficiently removed from the legislative framework, maintaining the relevance and effectiveness of aviation safety regulations.

Scope and Application

The Civil Aviation Safety Regulations 1998 and Civil Aviation Regulations 1988, under the Civil Aviation Act 1988, govern the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) having the authority to make regulations and grant exemptions to ensure compliance with safety standards. These regulations apply to all aircraft operators, pilots, and aviation personnel within Australia, including those involved in search and rescue operations and training. The scope of these regulations includes ensuring compliance with instrument flight rules, maintaining minimum safe altitudes, and obtaining CASA's permission for dropping objects or picking up persons or objects from an aircraft. Exemptions and authorisations can be granted by CASA under specific circumstances, but these are subject to the overarching safety requirements outlined in the regulations. This particular legislative instrument, CASA EX125/18, repeals CASA EX65/16, which previously granted exemptions and authorisations to Lloyd Helicopters Pty. Ltd. for search and rescue operations and training using Airbus EC225 type helicopters. Given that Lloyd Helicopters no longer operates this aircraft type, CASA EX65/16 is no longer required and has been repealed. The repeal of CASA EX65/16 does not alter the broader applicability of the Civil Aviation Safety Regulations 1998 and Civil Aviation Regulations 1988 to other aircraft operators and aviation activities. This repeal is a specific administrative action addressing the cessation of a particular operation by a named operator, thereby ensuring that outdated or unnecessary regulatory provisions are removed from the legislative framework. The instrument is a legislative instrument under the Legislation Act 2003, subject to tabling and disallowance in the Parliament, and is deemed compatible with human rights as it does not raise any human rights issues. The instrument was made by a CASA delegate under the authority delegated in the Civil Aviation Safety Regulations 1998 and commenced on the day after its registration.

Key Provisions

The primary focus of this legislative instrument is the repeal of CASA EX65/16, an earlier instrument that granted Lloyd Helicopters Pty. Ltd. certain exemptions and authorisations under the Civil Aviation Safety Regulations 1998 (CASR) and Civil Aviation Regulations 1988 (CAR) (sections 2 and 3). This repeal comes about due to the operator's decision to cease operations involving Airbus EC225 type helicopters, thus rendering the earlier authorisations obsolete. The repeal is executed under the authority provided by the Acts Interpretation Act 1901 (AIA), which allows for the amendment or repeal of legislative instruments (subsection 33(3) of the AIA). This legislative instrument imposes certain obligations on Lloyd Helicopters Pty. Ltd., primarily concerning the cessation of Airbus EC225 type helicopter operations. By advising the Civil Aviation Safety Authority (CASA) of the cessation of operations, the operator triggers the process of repealing CASA EX65/16. Furthermore, CASA must ensure that any permissions, authorisations, or directions previously granted under CASA EX65/16 are no longer valid, as they are tied to the operation of the Airbus EC225 type helicopter. There are no specific offences, penalties, or civil/criminal consequences outlined for the breach of this legislative instrument, as its primary function is to repeal an existing instrument that is no longer required. However, any breach of the original provisions under CASA EX65/16 prior to its repeal would be subject to the penalties and consequences as specified in the Civil Aviation Safety Regulations 1998 and Civil Aviation Regulations 1988, which could include fines, suspension of operations, or other regulatory actions as deemed appropriate by CASA. The instrument itself does not introduce new penalties but ensures that outdated authorisations are no longer in effect.

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Repeal & Amendment
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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.