CASA EX16/2005 - Revocation

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

Legislation au F2005L01445 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

CIVIL AVIATION ACT 1988

CIVIL AVIATION REGULATIONS 1988

REVOCATION OF EXEMPTION UNDER SUBREGULATION 308 (1)

 

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.

Subregulation 235 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that the Civil Aviation Safety Authority (CASA) may give directions setting out the manner of determining a maximum weight for an aircraft, in respect of a proposed flight, that the gross weight of an aircraft must not exceed at take-off or landing.

Subregulation 235 (4) provides that an aircraft must not take off, or attempt to take off, if its gross weight is greater than its maximum take-off weight or a lesser weight determined in accordance with subregulation 235 (2).

Subregulation 235 (6) provides that, except in an emergency, an aircraft must not land if its gross weight exceeds its maximum landing weight or a lesser weight determined in accordance with subregulation 235 (2).

Subregulation 215 (2) provides that an operator must ensure that the operations manual of an aircraft must contain information about the safe operation of the aircraft. Subregulation 215 (9) provides that the operations personnel of the operator must comply with the instructions in the operations manual. Regulation 138 provides that the pilot in command of an Australian aircraft must comply with the requirements of the aircraft flight manual. These provisions do not permit use of material not in these manuals.

Under subregulation 308 (1) of CAR 1988, CASA may, among other things, exempt persons from compliance with specified provisions of CAR 1988 while they are in, on, or otherwise associated with the operation of, a specified aircraft or a specified type or category of aircraft. Subregulation 308 (3) provides that such an exemption is subject to the aircraft or persons exempted complying with any conditions specified by CASA as being necessary in the interests of safety.

Under subsection 33 (3) of the Acts Interpretation Act 1901, a statutory power to make an instrument may be construed as including a power to revoke it. The revocation must be made in the same way, and subject to the same conditions, as would be the case for the making of the instrument.

Revocation of CASA EX21/2002

Before its amendment by Civil Aviation Amendment Order (No. 5) 2005, section 20.7.1B of the Civil Aviation Orders (the CAOs) did not adequately make provision for operations on wet and contaminated runways. There was no provision for reduced values for V1 and no provision for appropriate data to be obtained from sources other than the manuals referred to in regulations 138 and 215.

CASA EX21/2002 (the instrument), therefore, contained directions under subregulation 235 (2) to make provision for wet and contaminated runways for regular public transport aircraft with a maximum take-off weight of more than 5 700 kg. The instrument also contained exemptions from regulation 138 and subregulations 215 (2) and (9). The effect of these exemptions was to enable manufacturers’ data manuals and approved foreign flight manuals to be used in certain circumstances as alternatives to manuals under those provisions.

However, these directions and exemptions were made unnecessary by Civil Aviation Amendment Order (No. 5) 2005 which contains provisions of similar effect to those in the instrument. The instrument was, therefore, revoked.

Legislative Instruments Act 2003

Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. An 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. By the operation of subsection 33 (3) of the Acts Interpretation Act 1901, identical considerations apply to the revocation of an exemption.

Consultation under section 17 of the LIA has not been undertaken in this case. The revocation removes an instrument that has been made redundant by Civil Aviation Amendment Order (No. 5) 2005.

The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

The exemption has been made by the Acting Director of Aviation Safety and Chief Executive Officer, on behalf of CASA, in accordance with subsection 84A (2) of the Act.

[Exemption number CASA EX16/2005]

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, provides a framework for the regulation of civil aviation in Australia, focusing on the safety of air navigation and the management of civil aviation activities. The Civil Aviation Regulations 1988 complement this Act by detailing specific requirements and standards for aircraft operations, including weight limitations for take-off and landing, and mandates for aircraft operations manuals. One of the key issues addressed by this regulatory framework is the safety of aircraft operations under varying conditions, including wet and contaminated runways. To manage these risks, the Civil Aviation Safety Authority (CASA) was empowered to issue exemptions and directions under the Act and Regulations. However, in light of subsequent legislative amendments, certain exemptions and directions have become redundant, prompting their revocation to streamline and update the regulatory environment. The revocation of CASA EX21/2002, which was rendered obsolete by the Civil Aviation Amendment Order (No. 5) 2005, exemplifies this ongoing effort to maintain effective and up-to-date safety standards in civil aviation.

Scope and Application

The Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 govern the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) having the authority to issue regulations and exemptions as necessary. Specifically, the Act empowers the Governor-General to enact regulations, while the Civil Aviation Regulations 1988 provide detailed operational standards, including limitations on aircraft weight at take-off and landing, and requirements for aircraft manuals. These regulations apply to all aircraft operators within Australia, ensuring that the operations of both domestic and international flights adhere to stringent safety standards. Subregulation 308 of the Civil Aviation Regulations 1988 further allows CASA to exempt individuals from certain regulatory provisions under specific conditions, provided these exemptions do not compromise safety. This legislative framework is comprehensive, covering various aspects of aircraft operations, including the use of alternative manuals in certain circumstances, as exemplified by the now-repealed exemption CASA EX21/2002. The revocation of this exemption, detailed in the legislative instrument F2005L01445, aligns with the legislative process under the Legislative Instruments Act 2003, reflecting the dynamic nature of aviation regulations as they evolve to meet new safety standards.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Act 1988 (the Act) contain several key provisions that govern the operation of aircraft in Australia. Specifically, subregulation 235(2) (paragraph 2) of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to issue directions regarding the maximum weight of an aircraft during a proposed flight, ensuring that the aircraft's gross weight does not exceed specified limits at take-off or landing. Furthermore, subregulation 235(4) (paragraph 4) mandates that an aircraft must not take off or attempt to take off if its gross weight exceeds the maximum take-off weight or a lesser weight as determined by CASA's directions. Similarly, subregulation 235(6) (paragraph 6) stipulates that, except in emergencies, an aircraft must not land if its gross weight exceeds the maximum landing weight or a lesser weight determined by CASA. In addition, subregulation 215(2) (paragraph 2) and (9) (paragraph 9) of CAR 1988 require operators to ensure that their aircraft's operations manual contains information on safe operations and that operations personnel comply with the instructions in the operations manual. Regulation 138 of CAR 1988 further mandates that the pilot in command of an Australian aircraft must adhere to the requirements outlined in the aircraft flight manual, prohibiting the use of materials not contained within these manuals. Subregulation 308(1) (paragraph 1) of CAR 1988 allows CASA to exempt individuals from certain provisions of the regulations while operating a specified aircraft or type of aircraft, subject to safety conditions outlined by CASA. The obligations imposed by these regulations are primarily on aircraft operators and pilots. Operators must ensure that their aircraft's operations manual is up-to-date and contains all necessary information for safe operations. Pilots must strictly adhere to the instructions in the operations manual and aircraft flight manual, and comply with weight limitations set by CASA. Moreover, operators and pilots must be aware of and comply with CASA's directions and any conditions attached to exemptions, ensuring that the aircraft's weight does not exceed specified limits during take-off and landing. Any breaches of these provisions can result in serious consequences. Under subregulation 308(3) (paragraph 3) of CAR 1988, an exemption is subject to conditions specified by CASA for safety reasons, and failure to comply with these conditions can lead to enforcement actions. Furthermore, subregulation 235(4) (paragraph 4) and (6) (paragraph 6) of CAR 1988 impose strict penalties for taking off or landing an aircraft that exceeds the specified weight limits, except in emergencies. While the specific penalties are not detailed in the text, breaches of such safety regulations can result in substantial fines, imprisonment, or both, depending on the severity of the violation and the discretion of the court.

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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.