CASA EX190/12 - Exemption - from standard take-off and landing minima - Airasia X SDN. BHD

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

Legislation au F2013L00033 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — from standard take-off and landing minima – Airasia X SDN. BHD

 

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

 

Legislation

Under subregulation 257 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may determine the meteorological minima, that is the visibility requirements for landing or take‑off at an aerodrome. Under subregulation 257 (2), the determination must be published in AIP or NOTAMS. Under subregulations 257 (3) and (4), it is an offence for an aircraft to take-off or land if an element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome.

 

The determination of standard meteorological minima for take-off and landing was made in instrument CASA 237/10. The minima are also set out in AIP En Route 1.5, sections 4.3 and 4.4. If conditions are met, the minimum visibility for take-off inside or outside Australian territory is 550 metres. If conditions are met, the minimum visibility for landing inside or outside Australian territory is 800 metres, or 550 metres runway visual range. An exemption would be required to operate with lower minimum visibility (low visibility operations or LVO).

 

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 CAR 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.

 

The exemption has been issued for Airasia X SDN. BHD of Selangor Darul Ehsan, Malaysia (the operator), an airline based in Malaysia, for the conduct of LVO in Australia. The exemption states the minima for the A330 and A340 aeroplanes, as well as the conditions for their use.

 

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 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 a class of aircraft employed by the operator. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).

 

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is in the same terms as many instruments issued to foreign operators for the same purpose.

 

Compatibility with human rights and freedoms

A statement of compatibility with human rights is at attachment 1.

 

Commencement and making

The instrument commences on the day of registration. It stops having effect at the end of 30 November 2015.

 

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

 

[Instrument number CASA EX190/12]

 

Attachment 1

Statement of Compatibility with Human Rights

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

 

Exemption under regulation 11.160 – from standard take-off and landing minima

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 operator to use minima lower than the standard take‑off and landing minima determined by CASA. The exemption is subject to conditions directed by CASA in the interest of safety.

The primary purpose of the legislative instrument is to allow pilots in command flying for the named operator to land and take-off using reduced visibility minima specified in the exemption. Use of the minima is subject to compliance with the stated conditions.

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 civil aviation in Australia, providing a regulatory framework that complements the Civil Aviation Act 1988. This particular legislative instrument, F2013L00033, introduces an exemption from the standard take-off and landing minima for AirAsia X SDN. BHD, a Malaysian airline. The exemption allows the airline to conduct low visibility operations in Australia, provided that certain conditions are met to ensure the safety of air navigation. The instrument was issued by the Civil Aviation Safety Authority (CASA) under the authority delegated from the Governor-General, as empowered by section 98 of the Civil Aviation Act 1988. The exemption, which is subject to the Parliament’s scrutiny under the Legislative Instruments Act 2003, aims to facilitate operations for the specified class of aircraft while maintaining stringent safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) permit the Civil Aviation Safety Authority (CASA) to grant exemptions from standard meteorological minima for take-off and landing to ensure safety of air navigation as required under section 98 of the Civil Aviation Act 1988. In this instance, an exemption has been granted to Airasia X SDN. BHD, an airline based in Malaysia, to allow its A330 and A340 aircraft to conduct low visibility operations (LVO) in Australia using minima lower than those prescribed in the Civil Aviation Regulations 1988 (CAR 1988). The exemption applies to the named operator and is subject to CASA-imposed conditions aimed at ensuring safety. This exemption is a legislative instrument subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The exemption is compatible with human rights and will cease to have effect at the end of 30 November 2015 unless otherwise extended by CASA.

Key Provisions

The key operative sections of this legislation are found in the Civil Aviation Safety Regulations 1998 (CASR 1998). Under subregulation 11.160(1) of CASR 1998, the Civil Aviation Safety Authority (CASA) may grant an exemption from a provision of the regulations, including the Civil Aviation Regulations 1988 (CAR 1988), or a provision of the Civil Aviation Orders (the CAOs), in relation to a matter mentioned in subsection 98(5A) of the Civil Aviation Act 1988 (the Act). The exemption must be granted for the specified operator, Airasia X SDN. BHD, and may apply to a class of aircraft or persons. Under subregulation 11.205(1) of CASR 1998, CASA may impose conditions on an exemption if necessary for the safety of air navigation. The exemption is subject to publication on the Internet under regulation 11.225 of CASR 1998, and it must cease no later than three years after its commencement under subregulation 11.230(1). The Act imposes several obligations and requirements on the parties involved. Firstly, the exemption must be in compliance with the safety of air navigation, as stated in subregulation 11.205(1) of CASR 1998. CASA, as the authority responsible for granting the exemption, must ensure that the conditions attached to the exemption do not compromise the safety of air navigation. The operator, Airasia X SDN. BHD, must adhere to the conditions specified in the exemption and comply with the lower take-off and landing minima. Furthermore, the exemption must be published on the Internet as per regulation 11.225 of CASR 1998, ensuring transparency and accessibility for all stakeholders. Any breach of the conditions specified in the exemption may result in civil or criminal consequences, depending on the severity of the breach. Under subregulations 257(3) and (4) of CAR 1988, it is an offence for an aircraft to take-off or land if an element of the meteorological minima for that operation is less than that determined for the aircraft at the aerodrome. This means that if the operator fails to adhere to the conditions specified in the exemption, they may be subject to legal action, including fines or imprisonment. The maximum penalties for such offences are not explicitly stated in the legislation, but they may be found in other relevant laws or regulations. The exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA). The exemption applies to a class of aircraft employed by the operator, and therefore falls under the category of a legislative instrument. However, consultation under section 17 of the LIA has not been undertaken in this case, as the instrument is in the same terms as many instruments issued to foreign operators for the same purpose. The exemption is compatible with human rights as it does not engage any of the applicable rights or freedoms, as stated in the Statement of Compatibility with Human Rights attached to the legislation.

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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.