CASA EX138/16 - Exemption and approval — operating model aircraft (Model Aeronautical Association of Australia Incorporated)

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

Legislation au F2016L01392 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

 Exemption and approval — operating model aircraft (Model Aeronautical Association of Australia Incorporated)

 

Purpose

The purpose of the instrument is to allow members of the Model Aeronautical Association of Australia (the MAAA) to operate a model aircraft using first person view technology if they do so in accordance with accepted procedures and practices.

 

Legislative background

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.

 

Subregulation 101.385 of the Civil Aviation Safety Regulations 1998 (CASR 1998) prohibits a person from operating a model aircraft unless the visibility at the time is good enough for the person to be able to see the model aircraft continuously.

 

  • Model aircraft is defined in the CASR Dictionary to mean an aircraft that is used for sport or recreation and cannot carry a person.

 

Under subregulation 11.160 (1) of CASR 1998, CASA may grant an exemption from compliance with a provision of the regulations. 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 11.170 (3), in deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.

 

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 11.210, it is an offence to fail to comply with a condition of an exemption.

 

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.

 

On 29 September 2016, amendments to Part 101 of CASR 1998 will come into effect in accordance with the Civil Aviation Legislation Amendment (Part 101) Regulation 2016 (the amendment regulation). The amendment regulation will insert a new regulation 101.073 into Part 101.

 

Subregulation 101.073 (1) will provide that a person commits an offence of strict liability if the person operates an unmanned aircraft and the aircraft is not operated within the person’s visual line of sight.

 

Subregulation 101.073 (2) will provide that subregulation (1) does not apply if the person holds an approval under regulation 101.029 to operate the aircraft beyond the person’s visual line of sight and any conditions on the approval are complied with.

 

New subregulation 101.029 (1) will provide that, if a provision in Part 101 refers to a person holding an approval under regulation 101.029, the person may apply to CASA for the approval. Subpart 11.BA of CASR 1998 will apply to the approval which will be an authorisation within the meaning of Part 11, see the definition of authorisation at regulation 11.015 of CASR 1998.

 

Regulation 11.055 sets out criteria that apply to CASA when granting an authorisation. Regulation 11.056 provides that an authorisation can be granted subject to conditions. Regulation 11.077 provides that a person commits an offence of strict liability if the person breaches a condition of an authorisation.

 

Legislative instrument

Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue an instrument in relation to matters affecting the safe navigation, and operation or the maintenance of aircraft.

 

Relevantly, subsection 98 (5AA) provides that an instrument made under paragraph (5A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons or a class of aircraft.

 

As the instrument is an exemption made under subregulation 11.160 (1) of CASR 1998 and is expressed to apply to a class of persons and to a class of aircraft, the instrument is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislation Act 2003.

 

Relevantly, under subsection 98 (5D) of the Act, a legislative instrument made under the Act or regulations may incorporate any matter contained in writing as in force or existing at a particular time or from time to time. The instrument would incorporate the “First Person View (FPV) Policy” published by the MAAA as it exists from time to time. The instrument is available on the MAAA website.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Consultation

Consultation has been undertaken with the MAAA in relation to the instrument. The instrument formalises a long-standing acceptance by CASA of the MAAA “First Person View (FPV) Policy” as adequate to permit members of the MAAA to utilise first person view technology and operate a model aircraft using a video downlink from a camera instead of maintaining a direct line of sight.

 

Making and commencement

The exemption has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

Sections 1 and 2 and Schedule 1 to the instrument commence on the day after registration and are repealed at the end of 31 August 2019.

 

Schedule 2 to the instrument commences immediately after the commencement of the amendment regulation.

 

[Instrument number CASA EX138/16]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Exemption and approval — operating model aircraft (Model Aeronautical Association of Australia Incorporated)

 

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 would allow members of the Model Aeronautical Association of Australia to operate a model aircraft using first person view technology if they do so in accordance with accepted procedures and practices.

 

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 (CASR 1998) were enacted to ensure the safety of air navigation in Australia, and were amended by the Civil Aviation Legislation Amendment (Part 101) Regulation 2016 to address the emerging issue of model aircraft operated beyond the operator's visual line of sight. This new legislation allows members of the Model Aeronautical Association of Australia (MAAA) to operate model aircraft using first-person view technology, provided they adhere to accepted procedures and practices. The Civil Aviation Safety Authority (CASA), empowered by Section 98 of the Civil Aviation Act 1988, created this exemption to balance safety with the evolving technological capabilities in the operation of model aircraft. The policy objective is to maintain an acceptable level of safety while facilitating the use of advanced technology in recreational aviation. The instrument, made under the authority of the Civil Aviation Act 1988, incorporates the MAAA's "First Person View (FPV) Policy" and is subject to tabling and disallowance in the Parliament as per the Legislation Act 2003. The exemption, formalising CASA's acceptance of the MAAA's policy, aims to formalise and regulate the use of FPV technology in model aircraft operations. This legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) regulate the operation of model aircraft in Australia, and under subregulation 101.385, a person must ensure that they can see the model aircraft continuously if they are to operate it. However, the Civil Aviation Safety Regulations 1998 (Exemption and Approval—Operating Model Aircraft (Model Aeronautical Association of Australia Incorporated)) 2016 grants an exemption to this requirement for members of the Model Aeronautical Association of Australia, provided they operate the model aircraft in accordance with accepted procedures and practices. The exemption applies to a class of persons (MAAA members) and a class of aircraft (model aircraft), and is a legislative instrument as it is expressed to apply to a class of persons and to a class of aircraft. The exemption is compatible with human rights, as it does not engage any of the applicable rights or freedoms. The exemption is available on the MAAA website and incorporates the “First Person View (FPV) Policy” as it exists from time to time. The exemption allows MAAA members to operate a model aircraft using first person view technology, which involves operating the aircraft using a video downlink from a camera instead of maintaining a direct line of sight. The exemption is subject to conditions that are necessary in the interests of the safety of air navigation, and failure to comply with a condition of an exemption is an offence. The 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. The exemption applies to model aircraft, which are defined in the CASR Dictionary as an aircraft that is used for sport or recreation and cannot carry a person. The exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislation Act 2003. The exemption formalises a long-standing acceptance by CASA of the MAAA “First Person View (FPV) Policy” as adequate to permit members of the MAAA to utilise first person view technology and operate a model aircraft using a video downlink from a camera instead of maintaining a direct line of sight.

Key Provisions

The primary sections of this legislative instrument pertain to the exemption and approval for operating model aircraft using first person view technology, specifically for members of the Model Aeronautical Association of Australia (MAAA). Section 1 of the instrument establishes an exemption under subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), which allows MAAA members to operate model aircraft using first person view technology, provided they adhere to accepted procedures and practices. This exemption is intended to accommodate the use of video downlink from a camera instead of maintaining a direct line of sight, which is traditionally required under subregulation 101.385 of CASR 1998. The instrument also incorporates the "First Person View (FPV) Policy" published by the MAAA as it exists from time to time, providing a framework for safe operation. The obligations imposed on the parties governed by this Act include strict adherence to the conditions specified in the exemption and any additional conditions imposed by the Civil Aviation Safety Authority (CASA). Members of the MAAA must ensure that their operations comply with the accepted procedures and practices outlined in the FPV Policy. Additionally, any approval granted under regulation 101.029 must be strictly adhered to, with any breach constituting an offence of strict liability under regulation 11.077. The exemption is subject to review and can be revoked if safety concerns arise, underscoring the paramount importance of safety in air navigation. In terms of offences and penalties, the legislative instrument stipulates that failure to comply with the conditions of an exemption is an offence under subregulation 11.210 of CASR 1998. The maximum penalty for such an offence is specified in the relevant provisions of the Civil Aviation Act 1988, though the exact penalty is not detailed in the explanatory statement. Furthermore, subregulation 101.073(1) introduces an offence of strict liability for operating an unmanned aircraft not within the operator's visual line of sight, unless the operator holds an appropriate approval under regulation 101.029 and complies with any associated conditions. The legislative instrument thus ensures that any breach of its provisions results in significant civil or criminal consequences, reinforcing the importance of compliance for the safety of air navigation.

Legal classification tags

Area of Law
Administrative Law
Aviation Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Offence Provisions
Licensing & Registration
Compliance Obligations

Interactions

Authorises

All Versions

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.