Explanatory Statement
Civil Aviation Regulations 1988
Exemption — night acrobatic flight
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 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 2009 (the Air Show) is scheduled to be held at Avalon, Victoria, from 10 March 2009 to 15 March 2009. The organiser proposed a display program that includes night acrobatic performances and asked for an exemption for 2 experienced pilots to perform night acrobatic flights at the Air Show using the aircraft specified in the exemption. Both pilots hold qualifications issued by the Federal Aviation Administration of the United States of America.
Having considered the safety implications of the request for the exemption in the context of the controlled environment of the Air Show, CASA agreed to grant the exemption from the requirements of paragraph 155 (1) (a) of CAR 1988.
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 at air shows.
The instrument commences on 13 March 2009 and stops having effect at the end of 13 March 2009. It will only apply to the night display that is part of the official program approved by the organisers of the Air Show.
The exemption has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX13/09]