CASA EX138/12 - Exemption - use of ADS-B in aircraft operated by PT Garuda Indonesia

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Legislation au F2012L01834 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — use of ADS-B in aircraft operated by PT Garuda Indonesia

 

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.

 

Under section 27 of the Act, CASA may issue Air Operators Certificates (AOCs) with respect to aircraft for the purpose of safety regulation.

 

Under sections 27AB, 27AC and 27AD of the Act, applicants must, in particular circumstances, provide CASA with certain manuals and other information, and undertake proving flights, tests and demonstrations.

 

Under section 27AE of the Act, CASA may require an applicant for a foreign aircraft AOC to provide additional information.

 

Under section 28 of the Act, CASA must issue the AOC if satisfied that the applicant can comply with the requirements of Australian civil aviation safety legislation.

 

Under paragraph 28BA (1) (b) of the Act, an AOC has effect subject to any conditions specified in the regulations or the Civil Aviation Orders (the CAOs).

 

Part 82 of the CAOs specifies conditions on AOCs. Civil Aviation Order (CAO) 82.5 contains conditions on those AOCs that authorise regular public transport (RPT) operations in high capacity aircraft. As defined in paragraph 2.1 of CAO 82.0, high capacity aircraft are those certificated as having a maximum seating capacity exceeding 38 seats or a maximum payload exceeding 4 200 kilograms.

 

Subsection 10 of CAO 82.5 sets out obligations on operators who hold foreign aircraft AOCs for high capacity RPT operations in Australia (the relevant foreign operators).

 

CAO 82.5 amendment — foreign aircraft must comply from 12 December 2013

Previously, paragraph 10.8 of CAO 82.5 provided, in effect, that each relevant foreign operator must ensure that, if any of its aircraft carried and used ADS-B equipment, they must do so in accordance with subsection 9B of CAO 20.18. Thus, there was no compulsion or requirement to carry or use ADS-B transmitting equipment that complied with the new standards unless the equipment was to be put to operational use. If non‑complying equipment was carried, it must be deactivated.

 

Civil Aviation Order 82.5 Amendment Instrument 2011 (No. 3) substitutes a new paragraph 10.8 to the effect that the operator of a foreign registered aircraft must ensure that, if the aircraft is operated in high capacity RPT operations, it complies with the requirements (directions) in a new Appendix 4.

 

The directions in Appendix 4 are virtually identical to the requirements for ADS-B imposed on Australian aircraft. Thus, fitment and operation of approved ADS-B avionics equipment is mandatory on and from 12 December 2013 for all foreign aircraft engaged in private operations at or above FL 290 (unless CASA has authorised otherwise). (Approved equipment is that which meets the approved equipment configuration in Appendix 5.)

 

ADS-B is presently being used for en route ATC surveillance and separation in the Australian FIR outside SSR coverage. For that reason, the CASA rule requires that any ADS-B transmissions by ADS-B equipped aircraft before the mandatory date of 12 December 2013 must comply with the technical standards in CAO 82.5, or for non‑complying transmissions to be disabled or to transmit a NUC (position integrity) value of zero. The PT Garuda Indonesia (Garuda) A330-300 aircraft do not transmit position integrity (NUC) based on HPL, which is the reason for their non-compliance with the CASA rule. Garuda’s early attention to take corrective action for this requirement is necessary in order to comply with the existing regulatory requirement when operating in Australia. To ensure safety, until such time that the non-complying Garuda aircraft transmit position integrity (NUC) based on HPL, they will be denied access to ADS-B based separation service by ATC.

 

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. 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 instrument applies to a class of persons. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (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 been undertaken. CASA consulted with Airservices Australia and Garuda. Garuda accepted the conditions in the instrument.

 

Human Rights Compatibility Statement

This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.

 

Making and commencement

The instrument commences on the day after registration and stops having effect at the end of June 2013.

 

This exemption has been made by a delegate of CASA, in accordance with subsection 73 (2) of the Act.

 

[Instrument number CASA EX138/12]

Overview

The Civil Aviation Safety Regulations 1998 were enacted to provide a framework for the regulation of civil aviation safety in Australia, ensuring that all aviation operations meet stringent safety standards. One particular issue the regulations address is the requirement for the use of Automatic Dependent Surveillance-Broadcast (ADS-B) equipment in aircraft operated by foreign airlines. The Civil Aviation Safety Authority (CASA) is the body responsible for enforcing these regulations under the Civil Aviation Act 1988. The policy objective of these regulations is to harmonise safety standards for all aircraft operating within Australian airspace, thereby enhancing the overall safety of air navigation. The recent amendment to the Civil Aviation Order 82.5, which came into effect on 12 December 2013, mandates that foreign aircraft must comply with the same ADS-B standards as Australian aircraft when engaged in high capacity operations. This amendment aims to ensure that all aircraft, irrespective of their origin, adhere to the same safety protocols, thus maintaining a uniform safety standard across the board.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, govern the safety of air navigation and the issuance of Air Operators Certificates (AOCs) in Australia, applying to both domestic and foreign aircraft. Specifically, the regulation pertains to the use of Automatic Dependent Surveillance-Broadcast (ADS-B) in aircraft operated by PT Garuda Indonesia, an Indonesian airline, when these aircraft are engaged in regular public transport (RPT) operations in Australia. The exemption allows PT Garuda Indonesia to use its A330-300 aircraft in high capacity RPT operations in Australia, provided these aircraft comply with the specified ADS-B requirements, ensuring safety and interoperability with Australian air traffic control systems. This exemption applies to a class of persons and aircraft and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues. The exemption is effective from the day after registration and ceases to have effect at the end of June 2013.

Key Provisions

The Civil Aviation Safety Regulations 1998, as amended, contain provisions related to the use of Automatic Dependent Surveillance-Broadcast (ADS-B) equipment in aircraft operated by PT Garuda Indonesia. Section 98(1) of the Civil Aviation Act 1988 (the Act) authorises the Governor-General to make regulations for the safety of air navigation, which is further refined by the Civil Aviation Safety Regulations 1998. The regulations, along with the Civil Aviation Orders (CAOs), impose obligations on Air Operators Certificates (AOC) applicants and holders to ensure compliance with Australian civil aviation safety legislation. Specifically, section 27 of the Act mandates that the Civil Aviation Safety Authority (CASA) may issue AOCs, subject to compliance with conditions outlined in Part 82 of the CAOs. For foreign aircraft, section 27AE requires additional information to be provided to CASA. Importantly, the Act stipulates that an AOC is issued only if CASA is satisfied that the applicant can comply with Australian civil aviation safety legislation, including the conditions specified in the regulations and CAOs (sections 27 and 28 of the Act). Under the Civil Aviation Orders, CAO 82.5 outlines specific conditions for AOCs that authorise regular public transport (RPT) operations in high-capacity aircraft, defined as those with a maximum seating capacity exceeding 38 seats or a maximum payload exceeding 4,200 kilograms. Subsection 10 of CAO 82.5 imposes obligations on operators who hold foreign AOCs for high-capacity RPT operations in Australia, including ensuring compliance with ADS-B equipment standards. An amendment to CAO 82.5, effective from 12 December 2013, mandates that foreign aircraft must comply with ADS-B requirements identical to those imposed on Australian aircraft. This includes the mandatory fitment and operation of approved ADS-B avionics equipment for all foreign aircraft engaged in private operations at or above Flight Level 290, unless otherwise authorised by CASA. This requirement ensures that ADS-B transmissions comply with specified technical standards, or are disabled, to maintain safety standards within the Australian Flight Information Region (FIR). The legislation also provides for exemptions from these requirements through the Legislative Instruments Act 2003. Under subsection 98(5A) of the Act, CASA may grant an exemption from compliance with a regulation if the exemption is expressed to apply to a class of persons or aircraft. This exemption is subject to tabling and disallowance in the Parliament, as per sections 38 and 42 of the LIA. For PT Garuda Indonesia, this exemption allows their A330-300 aircraft to operate under specific conditions until they can comply with the ADS-B requirements. CASA consulted with Airservices Australia and Garuda, who accepted the conditions set forth in the exemption instrument. The exemption is not subject to disallowance and is compatible with human rights as it does not raise any issues in this regard. The instrument commences on the day after its registration and ceases to have effect at the end of June 2013, providing a temporary solution for Garuda to meet the ADS-B compliance requirements. Failure to comply with the ADS-B requirements could result in significant consequences. Until the Garuda A330-300 aircraft transmit position integrity (NUC) based on High Precision Location (HPL), they will be denied access to ADS-B based separation services by Air Traffic Control (ATC). This denial could lead to operational disruptions and safety risks, underscoring the importance of timely compliance. The regulations and orders, therefore, impose clear obligations on aircraft operators to ensure that their operations meet the specified safety standards, with specific reference to ADS-B equipment and its mandatory use from the effective date.

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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.