CASA EX171/14 - Exemption — operations by sport and recreational aircraft in restricted area R979A (Avalon Air Show 2015)

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

Legislation au F2015L00016 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — operations by sport and recreational aircraft in restricted area R979A (Avalon Air Show 2015)

 

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, 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.

 

Instrument

The purpose of this exemption is to enable the operation of certain sport and recreational aircraft in a restricted area (RA) during the Australian International Air Show 2015 (the Avalon Air Show).

 

The exemption allows operators and pilots in command of those aircraft to operate in the RA, subject to their meeting the required conditions. The aircraft to which the exemption applies are aircraft operated in accordance with Civil Aviation Order (CAO) 95.10, CAO 95.12, CAO 95.12.1, CAO 95.32 and CAO 95.55. CAO 95.10 applies to privately-built, single-place ultralight aeroplanes. CAO 95.12 and CAO 95.12.1 apply to gyroplanes. CAO 95.32 applies to weight-shift controlled aeroplanes and powered parachutes. CAO 95.55 applies to a variety of ultralight aircraft that meet one of the different sets of criteria set out in section 1 of that CAO.

 

The instrument exempts the aircraft to which CAO 95.10, CAO 95.12, CAO 95.12.1, CAO 95.32 or CAO 95.55 apply, from provisions set out in section 4 of the instrument. These provisions deal with airworthiness requirements and maintenance, radio systems, flight conditions and flight rules, lighting, operating crew, startup of engines, emergency systems and flights over water. All aircraft taking advantage of the exemption must be registered with Recreational Aviation Australia Incorporated (RAA), the Hang Gliding Federation of Australia Incorporated (HGFA), or the Australian Sport Rotorcraft Association (ASRA).

 

Operation of aircraft in accordance with the above CAOs is subject to conditions on a range of matters, including operational restrictions in Class C and Class D airspace.

 

The effect of CASA EX171/14 is to allow the applicable aircraft to operate in the RA (being Class C and Class D airspace) without complying with those particular conditions, but subject to compliance with all the other conditions in the CAOs. There are also additional conditions in Schedule 1 of the instrument that must be met by the aircraft and its pilot in command for all operations in the RA. Aircraft to which the exemption applies must be fitted with a radio capable of two-way communication with Air Traffic Control. The pilot in command must hold a pilot certificate with a radio operator endorsement. He or she must comply with procedures published in an Aeronautical Information Publication and applicable to the Avalon Air Show. Pilots in command must also have the authorisation of the organiser of the Avalon Air Show and approval from RAA, HGFA or ASRA stating that they have demonstrated the necessary competencies to conduct the operation safely.

 

Legislative Instruments Act 2003 (the LIA)

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 classes of aircraft and classes of persons. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

For section 17 of the LIA, CASA consulted the organisers of the Avalon Air Show, the RAA, the HGFA, the ASRA, Airservices Australia and the aerodrome operator. A similar instrument was issued for the Australian International Air Show 2013 (CASA EX12/13 refers). CASA’s policy on sport and recreational aircraft participation at this event has not changed and no adverse comments were received from consulted parties.

 

Statement of Compatibility with Human Rights

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

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).

 

Making and commencement

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

 

The instrument commences on 23 February 2015 and expires, as if it had been repealed by another instrument, at the end of 2 March 2015.

 

[Instrument number CASA EX171/14]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Exemption — operations by sport and recreational aircraft in restricted area R979A (Avalon Air Show 2015)

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 the operation of certain sport and recreational aircraft in a restricted area during the Australian International Air Show 2015 at Avalon, Victoria (Avalon Air Show) between 23 February 2015 and 2 March 2015.

 

The primary purpose of the legislative instrument is to allow pilots in command of sport and recreational aircraft to attend or participate in the Avalon Air Show, subject to compliance with conditions imposed by CASA in the interests of aviation safety.

 

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 and were designed to provide a regulatory framework that allows for the operation of civil aircraft in Australia. The Civil Aviation Safety Regulations 1998 Exemption — Operations by Sport and Recreational Aircraft in Restricted Area R979A (Avalon Air Show 2015) (F2015L00016) was introduced to address a specific gap in the regulations concerning the operation of sport and recreational aircraft during the Australian International Air Show 2015, held at Avalon Airport. This exemption was enacted by the Civil Aviation Safety Authority (CASA) under section 98 of the Civil Aviation Act 1988, empowering CASA to make regulations for the Act in the interests of the safety of air navigation. The policy objective of this exemption was to facilitate the participation of certain sport and recreational aircraft in the Avalon Air Show, ensuring that all operations were conducted safely while allowing for the unique nature of such aircraft to be showcased. The exemption allowed specified aircraft to operate in a restricted area during the air show, subject to meeting certain conditions to mitigate any potential risks to aviation safety.

Scope and Application

The Civil Aviation Safety Regulations 1998 Exemption (Operations by Sport and Recreational Aircraft in Restricted Area R979A - Avalon Air Show 2015) applies to the operation of specific sport and recreational aircraft during the Australian International Air Show 2015 (Avalon Air Show) at Avalon, Victoria. This exemption allows operators and pilots in command of aircraft meeting certain criteria to operate in the restricted area (RA), which includes Class C and Class D airspace, while adhering to specified conditions designed to ensure the safety of air navigation. The exempted aircraft include those operated in accordance with Civil Aviation Orders (CAOs) 95.10, 95.12, 95.12.1, 95.32, and 95.55, which cover ultralight aeroplanes, gyroplanes, weight-shift controlled aeroplanes, powered parachutes, and other ultralight aircraft. To be eligible for the exemption, aircraft must be registered with Recreational Aviation Australia Incorporated, the Hang Gliding Federation of Australia Incorporated, or the Australian Sport Rotorcraft Association. The exemption applies from 23 February 2015 to 2 March 2015 and allows operations within the RA without complying with certain conditions, such as operational restrictions in Class C and Class D airspace, but mandates adherence to all other conditions outlined in the CAOs and additional conditions specified in Schedule 1 of the exemption. The exemption is a legislative instrument subject to the Legislative Instruments Act 2003, meaning it must be tabled and is subject to disallowance in the Parliament. The exemption is compatible with human rights as it does not engage any of the applicable rights or freedoms outlined in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. Consultation for the exemption was conducted with relevant stakeholders, including the organisers of the Avalon Air Show, Recreational Aviation Australia Incorporated, the Hang Gliding Federation of Australia Incorporated, the Australian Sport Rotorcraft Association, Airservices Australia, and the aerodrome operator. No adverse comments were received, and the policy on sport and recreational aircraft participation at the event has remained consistent with the 2013 exemption (CASA EX12/13).

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended to include an exemption (CASA EX171/14) for the operation of sport and recreational aircraft in a restricted area (RA) during the Australian International Air Show 2015 (Avalon Air Show). This exemption allows certain aircraft to operate within Class C and Class D airspace, subject to specific conditions, to ensure the safety of air navigation. The exempted aircraft are those that comply with Civil Aviation Orders (CAO) 95.10, CAO 95.12, CAO 95.12.1, CAO 95.32, and CAO 95.55, which cover various types of ultralight and recreational aircraft. Operators and pilots must ensure their aircraft meet the conditions set out in the exemption and adhere to additional conditions detailed in Schedule 1 of the instrument, which include requirements for radio communication, pilot certification, and authorisation from the event organisers. The obligations imposed by the exemption include ensuring the aircraft are registered with Recreational Aviation Australia Incorporated (RAA), the Hang Gliding Federation of Australia Incorporated (HGFA), or the Australian Sport Rotorcraft Association (ASRA), and that the pilot in command holds a relevant pilot certificate with a radio operator endorsement. Pilots must also comply with procedures published in an Aeronautical Information Publication and must obtain authorisation from the organiser of the Avalon Air Show, along with approval from RAA, HGFA, or ASRA, demonstrating the necessary competencies for safe operation. Furthermore, the exemption mandates that aircraft must be fitted with a radio capable of two-way communication with Air Traffic Control and that pilots must adhere to all other conditions specified in the applicable CAOs. There are no specific offences outlined in the exemption itself, but any breach of the conditions set out in the exemption or the underlying CAOs may result in regulatory action by the Civil Aviation Safety Authority (CASA). The penalties for non-compliance with civil aviation regulations can include fines and, in severe cases, the suspension or revocation of pilot licenses or aircraft certificates. The maximum penalties for contravening civil aviation regulations can vary, but they are determined under the Civil Aviation Act 1988 and other related legislation, with potential fines and imprisonment terms depending on the severity of the breach. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and was subject to consultation with relevant stakeholders, including the organisers of the Avalon Air Show, RAA, HGFA, ASRA, Airservices Australia, and the aerodrome operator. A Statement of Compatibility with Human Rights has been provided, confirming that the exemption does not engage any applicable rights or freedoms, and a Regulation Impact Statement was not required under a standing agreement between CASA and the Office of Best Practice Regulation. The exemption commences on 23 February 2015 and expires at the end of 2 March 2015.

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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.