Explanatory Statement
Civil Aviation Safety Regulations 1998
Revocation of exemption from provisions in Part 173 of CASR 1998— instrument CASA EX82/11
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor‑General may make regulations for the Act and in the interests of the safety of air navigation.
Terminal instrument flight procedure design
Part 173 of CASR 1998 regulates the carrying out of design work on terminal instrument flight procedures (TIFP).
CASA EX82/11 exempted Naverus Inc, a certified designer of instrument flight procedures, from compliance with certain provisions in Part 173 of CASR 1998.
CASA EX82/11 has been revoked and replaced by another exemption. It is one in a series of exemptions issued to Naverus Inc. for the same purpose. Naverus Inc. an internationally recognized designer, as an innovator in its field follows practices in the design and publication of procedures that are not consistent with the requirements of Part 173. Although accepted as satisfactory in countries throughout the world, they are not in the public domain.
Exemptions from CASR 1998
Under regulation 11.160 of CASR 1998, CASA may grant an exemption from compliance with a provision of CASR 1998.
Application of Legislative Instruments Act 2003 (LIA)
Due to recent amendments of CASR 1998, exemptions issued under regulation 11.160 of CASR 1998 are now issued under subsection 98 (5A) of the Act. subsection 98 (5AB) of the Act states that an instrument issued under paragraph (a) of subsection (5A), referring to an instrument relating to the safe navigation and operation, or maintenance, of aircraft, is not a legislative instrument if it applies to a particular person. Instrument CASA EX82/11 was issued before subsections 98 (5A) and (5AB) applied to exemptions under regulation 11.160 and is a legislative instrument. CASA EX82/11 has to be revoked as stated above and for that purpose a legislative instrument is required.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The revoked exemption has been replaced by a new instrument which was issued at the request of the holder of the exemption and is substantially similar. This is part of a procedure of updating the instruments issued to Naverus Inc.
Human Rights Compatibility
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.
Commencement and delegation
The instrument of revocation commences on the day of registration.
The revocation has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX16/12]