Explanatory Statement
Civil Aviation Regulations 1998
Exemption — location of sets of markings
Section 98 of the Civil Aviation Act 1988 empowers the Governor General to make Regulations.
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may grant an exemption from compliance with a provision of CASR 1998.
Regulation 45.045 of CASR 1998 sets out the number and location of sets of markings. Paragraph 45.045 (1) (a) provides that in a fixed-wing aircraft 1 set of the markings must be either on the under surface of the port wing or across the under surface of both wings as set out in subregulation 45.045 (2).
The Cirrus SR series aircraft are a new generation composite based airframes. It is conventional in design and has technical limitations that would not allow it to meet the location requirements. The aircraft is exempt from displaying the markings under the wings.
Legislative Instruments Act
Because the exemption affects the operation of paragraph 45.065 of CASR 1998, it is declared to be a disallowable instrument under regulation 5A of the Civil Aviation Regulations 1988 (CAR 1988). 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.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case because it is of a minor or machinery nature and does not substantially alter existing arrangements.
The exemption comes into effect on the day after it is registered. It stops having effect at the end of 31 May 2009.
The exemption has been issued by the Deputy Chief Executive Officer, Strategy and Support, a delegate of CASA, appointed under regulation 7 of CAR 1988.
[Instrument number CASA EX21/07]