CASA EX13/11 – Exemption – power-assisted glider at the Australian International Air Show, Avalon

Overview

The Civil Aviation Regulations 1988, amended by F2011L00283, address the need for specific exemptions to ensure the safe conduct of the Australian International Air Show in 2011. Enacted to cater to the unique requirements of a power-assisted glider display at the Air Show in Avalon, Victoria, this regulation provides the necessary legal framework for the Civil Aviation Safety Authority (CASA) to issue exemptions from certain Civil Aviation Regulations 1988 provisions. This authority is derived from section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations in the interest of air navigation safety. The primary objective of this exemption is to facilitate the safe participation of an overseas pilot in the Air Show while ensuring compliance with safety conditions specified by CASA. The exemption is grounded in Civil Aviation Order 95.4, which governs the operation of gliders and similar aircraft, subject to certain conditions being met. This legislative measure was enacted by the Director of Aviation Safety on behalf of CASA, ensuring that the display adheres to stringent safety standards.

Scope and Application

The Civil Aviation Regulations 1988 provide authority for the exemption of certain regulatory provisions for specific circumstances, such as the Australian International Air Show at Avalon in 2011. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to enact regulations in the interest of air navigation safety, with the Civil Aviation Safety Authority (CASA) authorised to exempt individuals from compliance with specified provisions of the Civil Aviation Regulations 1988 for particular categories of aircraft. This exemption process is governed by subregulation 308(1) and is contingent upon the person adhering to any conditions CASA deems necessary for safety, as outlined in subregulation 308(3). In the case of the 2011 Air Show, a pilot from the United States proposed a display using a power-assisted glider, necessitating exemptions from certain regulatory requirements to facilitate the event. This exemption is granted under Civil Aviation Order 95.4, which allows for the operation of gliders, powered sailplanes, and power-assisted sailplanes, subject to applicable conditions. The exemption, which is a legislative instrument, is subject to tabling and disallowance under the Legislative Instruments Act 2003. Notably, this exemption pertains solely to the specified event and pilot, and it operates from 24 February 2011 until the conclusion of the Air Show on 6 March 2011.

Key Provisions

Section 98 of the Civil Aviation Act 1988 (the Act) provides the authority for the Governor-General to establish regulations that are essential for the safety of air navigation. This broad legislative power is further refined in subregulation 308(1) of the Civil Aviation Regulations 1988 (CAR 1988), where the Civil Aviation Safety Authority (CASA) is granted the authority to exempt individuals from certain CAR 1988 provisions relating to a specific category of aircraft. This exemption is contingent upon the individual adhering to any conditions that CASA specifies, as outlined in subregulation 308(3), to ensure safety standards are maintained. The exemption in question is tailored to the requirements of the Australian International Air Show 2011, scheduled to take place at Avalon, Victoria, from 1 March 2011 to 6 March 2011. The organiser, Aviation Development Australia Limited, has proposed a display involving a power-assisted glider piloted by a United States-based aviator. Given the unique nature of the display and the aircraft, an exemption from certain CAR 1988 provisions is necessary to facilitate the show. This exemption is grounded in Civil Aviation Order 95.4 (CAO 95.4), which governs the operation of gliders, powered sailplanes, and power-assisted sailplanes, and allows for exemptions from CAR 1988 provisions that are deemed inapplicable to these types of aircraft. Under the authority granted by subregulation 308(4) of CAR 1988, this exemption is classified as a disallowable instrument, which means it is subject to parliamentary oversight as per subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA). Consequently, the exemption must be tabled and can be subject to disallowance in the Parliament, in accordance with sections 38 and 42 of the LIA. This legislative process ensures that the exemption is scrutinised and approved by the appropriate parliamentary authorities. However, in this instance, consultation as per section 17 of the LIA was not deemed necessary due to the specific and limited nature of the exemption, which pertains to a particular event over a defined period. The exemption is effective from 24 February 2011, the date it was issued, and it will cease to have effect at the conclusion of the Air Show on 6 March 2011. This temporary exemption is granted by the Director of Aviation Safety, acting on behalf of CASA, under subsection 73(2) of the Act, ensuring that all necessary safety measures are in place for the duration of the Air Show. The exemption is documented as instrument number CASA EX13/11, providing a clear reference for its legal and regulatory status.