CASA EX13/13 - Exemption — turns after take-off at Australian International Air Show

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2013L00196 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — turns after take-off at Australian International Air Show

 

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.

 

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including the Civil Aviation Regulations 1988 (CAR 1998), or a provision of the Civil Aviation Orders (the CAOs), in relation to a matter mentioned in that subsection. 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 11.205 (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 11.225 of CASR 1998, an exemption must be published on the Internet. 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.

 

Regulation 167 of CAR 1988 sets out general requirements for aerodrome traffic at controlled aerodromes. Paragraph 167 (4) (a) states that if the pilot takes off from an aerodrome, the pilot must maintain the same track from the take-off until the aircraft is 500 feet above the terrain. Under paragraph 167 (3) (d), the aerodrome control service may instruct or permit the turn.

 

The purpose of this exemption is to allow aircraft participating in the Australian International Air Show 2013 (the Air Show) to make a turn while less than 500 feet above the terrain. This will reduce the workload of pilots and aerodrome control in the context of the Air Show.

 

Under the exemption, the pilot in command may only alter his or her track after take‑off:

(a)      in order to ensure safe separation from the spectators; and

(b)      when he or she has reached a speed and height that make it safe to do so.

 

Legislative Instruments Act

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the Regulations or the CAOs. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of persons. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003.

 

Consultation

CASA has consulted with air space users and the provider of air traffic control services. The terms of the exemption have been agreed to. Similar instruments have been issued previously for air shows.

 

Compatibility with human rights and freedoms

A statement of compatibility with human rights is at Attachment 1.

 

Commencement and making

The instrument commences on 21 February 2013 and stops having effect at the end of 5 March 2013.

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

[Instrument number CASA EX13/13]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — turns after take-off at Australian International Air Show

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 permits aircraft participating in the Australian International Air Show 2013 (the Air Show) at Avalon, Victoria between 21 February 2013 and 5 March 2013 to make a turn while less than 500 feet above the terrain.

 

The exemption is subject to conditions imposed by CASA in the interest of safety of air navigation.

 

The primary purpose of the legislative instrument is to allow pilots in command flying those aircraft to operate safely and reduce the workload of pilots and aerodrome control in the context of the Air Show.

 

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 Safety Regulations 1998 were amended to introduce an exemption for aircraft participating in the Australian International Air Show 2013. This exemption was introduced to address the specific needs of the air show, where pilots and aerodrome control would benefit from the ability to make turns at lower altitudes to ensure safe separation from spectators, while ensuring that safety remains the paramount concern. The Australian Government, through the Civil Aviation Safety Authority (CASA), introduced this exemption under the authority granted by the Civil Aviation Act 1988. The policy objective of this exemption was to reduce the workload on pilots and aerodrome control while maintaining the safety of air navigation, which is consistent with the overarching goal of the Civil Aviation Safety Regulations 1998 to ensure the safety of all aviation operations. This legislative change was made under the power of delegation by CASA and was subject to parliamentary scrutiny to ensure it complies with human rights standards.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by the legislative instrument CASA EX13/13, provide a temporary exemption to allow aircraft participating in the Australian International Air Show 2013 to make turns while less than 500 feet above the terrain, which is otherwise prohibited by the Civil Aviation Regulations 1988. This exemption applies to pilots in command of aircraft involved in the air show, held at Avalon, Victoria, from 21 February 2013 to 5 March 2013. The exemption is specifically designed to reduce the workload of pilots and aerodrome control, thereby enhancing safety during the event. The exemption is subject to conditions imposed by the Civil Aviation Safety Authority (CASA) to ensure it does not compromise the safety of air navigation. The authority to grant this exemption is derived from section 98 of the Civil Aviation Act 1988, and the exemption is considered a legislative instrument under the Legislative Instruments Act 2003, subject to parliamentary scrutiny. The exemption is also compatible with human rights, as it does not infringe on any recognised rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 empower the Civil Aviation Safety Authority (CASA) to grant exemptions from certain provisions of the regulations for specific purposes, such as facilitating an event like the Australian International Air Show 2013. Specifically, subregulation 11.160(1) of CASR 1998 allows CASA to grant an exemption from a provision of the regulations or the Civil Aviation Orders (CAOs) if it aligns with subsection 98(5A) of the Act. The exemption must be published on the Internet and typically lasts for no more than three years, as stipulated in regulation 11.230(1) of CASR 1998. Regulation 167 of the Civil Aviation Regulations 1988 (CAR 1988) normally requires pilots to maintain the same track until the aircraft is 500 feet above the terrain; however, this exemption allows participating aircraft to turn while below this altitude under certain conditions. The exemption imposes specific conditions to ensure safety. The pilot in command must ensure that the turn is made to maintain safe separation from spectators and only when the aircraft has reached a safe speed and height. These conditions are intended to balance the operational needs of the Air Show with the imperative of maintaining air safety, as outlined in subregulation 11.205(1) of CASR 1998. CASA must also consult with airspace users and air traffic control providers, as evidenced by the consultation process detailed in the explanatory statement. Breaches of the conditions set out in this exemption, or failure to comply with the terms of the exemption, could result in serious consequences. Under the Civil Aviation Act 1988, CASA may impose penalties for non-compliance, which can include both civil and criminal sanctions. Civil penalties may include fines up to a maximum of $132,000 for individuals and $660,000 for corporations, depending on the severity of the breach. Criminal penalties could also apply, with fines and imprisonment terms varying based on the specific breach. CASA is empowered to take these actions to ensure that the exemption is used strictly in the interest of air safety, as mandated by the legislative framework.

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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.