CASA EX26/16 - Repeal – exemption – from standard take-off and landing minima – Vietnam Airlines

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

Legislation au F2016L00175 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Repeal – exemption – from standard take-off and landing minima – Vietnam Airlines

 

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.

 

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 270/14. The minima are also set out in AIP En Route 1.5, section 4.

 

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, 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 subsection 33 (3) of the Acts Interpretation Act 1901 (the AIA), where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Instrument

Instrument CASA EX99/13 was registered on 13 September 2013 and commenced on the day of registration. Instrument CASA EX99/13 permitted Vietnam Airlines of Hanoi, Vietnam (the operator) to use minima lower than the standard take-off and landing meteorological visibility minima determined by CASA. The exemption was subject to conditions.

 

The operator subsequently requested a reissue of the exemption with inclusion of 2 new aircraft types and changes to the conditions. After CASA EX99/13 was registered, CASA conducted an internal review that determined that instrument CASA EX99/13 was not required to be a legislative instrument since the instrument is expressed to apply to a particular person, in this case, a particular operator.

 

As a result of the internal review, for the purposes of the operator’s request, a new, separate non‑legislative instrument of exemption has been issued and instrument CASA EX99/13 is repealed by this instrument.

 

Legislative Instruments Act 2003 (the LIA)

Instrument CASA EX26/16 repeals CASA EX99/13, which is an existing legislative instrument. Instrument CASA EX26/16 is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

The operator has requested that the exemption CASA EX99/13 be extended for a further period with inclusion of 2 new aircraft types and changes to the conditions. CASA is taking the opportunity to repeal CASA EX99/13 and issue a new non-legislative instrument to satisfy the operator’s request. CASA considers that no further consultation is appropriate or necessary as the instrument applies only to this particular operator.

 

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 instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).

 

Making and commencement

The instrument 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 the day of registration.

 

[Instrument number CASA EX26/16]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Repeal – exemption – from standard take-off and landing minima – Vietnam Airlines

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 repeals instrument CASA EX99/13, being an instrument that permits Vietnam Airlines of Hanoi, Vietnam to use minima lower than the standard take‑off and landing meteorological visibility minima determined by CASA.

 

CASA has issued a new non-legislative instrument of exemption that replaces instrument CASA EX99/13.

 

The purpose of this instrument is to repeal a legislative instrument that is no longer required.

 

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 were enacted to ensure the safety of civil aviation operations in Australia. The Civil Aviation Act 1988 empowers the Governor-General to make regulations, including those governing the meteorological minima for take-off and landing at aerodromes, which are detailed in the Civil Aviation Regulations 1988. The Civil Aviation Safety Regulations 1998 further provide that the Civil Aviation Safety Authority (CASA) may grant exemptions from these regulations. The primary objective of these regulations is to maintain a high standard of safety in civil aviation by establishing clear and enforceable standards for aircraft operations. The Civil Aviation Safety Regulations 1998 were introduced by the Parliament of Australia to address the need for detailed safety regulations in the aviation sector, ensuring that all operations comply with stringent safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by instrument CASA EX26/16, pertain to the operation of aircraft within Australia, with specific application to Vietnam Airlines, a foreign carrier operating flights to and from Australian airports. The Civil Aviation Act 1988 provides the legislative framework for these regulations, empowering the Civil Aviation Safety Authority (CASA) to set meteorological minima for take-off and landing and to grant exemptions to these minima under certain conditions. Instrument CASA EX26/16 repeals a previous exemption, CASA EX99/13, which had allowed Vietnam Airlines to operate under lower visibility minima than those generally required by CASA. The repeal occurs as a result of CASA's determination that the original exemption, applying to a specific operator, need not be a legislative instrument. In its place, CASA has issued a new non-legislative exemption to address Vietnam Airlines' request for the inclusion of new aircraft types and revised conditions. This legislative instrument is subject to parliamentary disallowance under the Legislative Instruments Act 2003, although no further consultation is deemed necessary given its specific application to the named operator.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the legal framework for aviation safety in Australia. Under section 11.160 (CASR 1998), the Civil Aviation Safety Authority (CASA) has the power to grant exemptions from certain regulatory requirements, including those related to meteorological minima for take-off and landing. Specifically, section 11.160(1) allows CASA to grant exemptions from the standard take-off and landing minima established under subregulation 257(1) of the Civil Aviation Regulations 1988 (CAR 1988). These minima are determined by CASA and must be published in the Aeronautical Information Publication (AIP) or Notices to Airmen (NOTAMs). Exemptions from these minima must be granted in accordance with the provisions of the Act and the CASR 1998, and they may be subject to specific conditions as outlined in the exemption instrument. The obligations imposed by the CASR 1998 on the parties or entities it governs include adherence to the determined meteorological minima for take-off and landing unless an exemption is granted. For Vietnam Airlines, the primary obligation is to comply with the conditions specified in the exemption instrument. This involves ensuring that any operations conducted under the exemption adhere strictly to the terms and conditions set forth by CASA. Furthermore, any changes to the exemption, such as the inclusion of new aircraft types or modifications to conditions, must be approved by CASA. The operator must also ensure that all personnel involved in the operations are aware of and comply with the exemption conditions. Breaches of the meteorological minima or non-compliance with the conditions of the exemption can lead to serious consequences. Under subregulation 257(3) and (4) of the CAR 1988, it is an offence for an aircraft to take off or land if any element of the determined meteorological minima is less than that specified. Such an offence can result in criminal penalties, including fines and imprisonment. Additionally, under section 11.160(3) of the CASR 1998, failure to comply with the conditions of an exemption can also lead to civil penalties. The maximum penalty for an offence under the CASR 1998 is a fine of up to $165,295 for individuals and $826,475 for corporations, reflecting the severity with which non-compliance is treated.

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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.