CASA EX27/07 - Exemption - carriage and use of automatic dependent surveillance - broadcast equipment

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

Legislation au F2007L01779 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Exemption — carriage and use of automatic dependent surveillance – broadcast equipment

 

Legislation

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.

 

Under subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988), a person must not use an Australian aircraft in a class of operation if the aircraft is not fitted with the instruments and equipment approved and directed by CASA.

 

Under subregulation 207 (3) of CAR 1988, where CASA approves or directs that an instrument or item of equipment  be fitted or carried on an aircraft, a person must fit, carry or use the instrument or item of equipment on the aircraft only in accordance with the directions of CASA.

 

Under subregulation 308 (1) of CAR 1988, CASA may, in relation to a particular aircraft, or a specified type or category of aircraft, exempt the aircraft, or persons in, on or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988.

 

Under subregulation 308 (3) of CAR 1988, CASA must first take into account any relevant considerations relating to the interests of safety.

 

Automatic dependent surveillance — broadcast (ADS-B)

For subregulation 207 (2) of CAR 1988, CASA made Civil Aviation Order 20.18 (CAO 20.18) setting out approval and directions for aircraft instruments and equipment to meet basic operational requirements.

 

On 6 June 2007, CASA made Civil Aviation Order 20.18 Amendment Order (No. 1) 2007 (the CAO Amendment) to insert a new subsection 9B into CAO 20.18.

 

Under new paragraph 9B.2 of CAO 20.18, ADS-B transmitting equipment carried by an Australian aircraft for operational use in any class of operation in Australia must comply with an approved equipment configuration set out in new Appendix XI, or as approved in writing by CASA.

 

Under new paragraph 9B.3, ADS-B transmitting equipment that does not comply must be deactivated before flight in Australia. Under new paragraph 9B.4 of CAO 20.18, ADS-B transmitting equipment must transmit particular flight identification particulars.

 

Appendix XI sets out the standards that ADS-B transmitting equipment must meet if it is to comply with the requirements under the CAO Amendment. Those standards are in conformity with the relevant ICAO standards and recommended practices.

Background to the exemption

Qantas Airways Limited (the operator) applied for a 12 month exemption from subsection 9B of CAO 20.18 because, due to a recently identified software design problem, its Boeing 747-400 fleet of aircraft could not meet the requirements of the subsection.

 

Over the last few years these aircraft have been modified to meet European (EuroControl) Elementary and Enhanced Surveillance mandates. The modifications also enabled ADS‑B Out functionality.

 

Subsequently, it was discovered that, during flight, the “Aircraft Identification” downlink parameter, otherwise known as “Flight ID” was periodically corrupted. This was due to a design flaw in the operating software of the relevant transponder. The problem is not restricted to Qantas aircraft but to many other B747-400s worldwide. Thus, although for the greater part of any flight, the aircraft transmits the correct flight identification data, for certain aircraft input database configurations, the transmission is corrupted by a design flaw in the transponder’s software.

 

Under paragraphs 9B.2 and 9B.4 of CAO 20.18, ADS-B transmitting equipment must comply with the approved equipment configuration and transmit exact flight identification particulars. Thus, the design flaw means that the operator’s Boeing 747-400 fleet is non-compliant with paragraphs 9B.2 and 9B.4 of CAO 20.18 even though, for the greater part of any flight, the aircraft transmits the correct flight identification. Under paragraph 9B.3, ADS-B transmitting equipment that does not comply must be deactivated before flight. This would be the case unless the transponder is appropriately modified or replaced.

 

The Boeing Aircraft Corporation is certifying a new transponder and following that the operator proposes a managed rectification process, first to obtain CASA approval for, and then to install, some 80 of the new transponders on some 30 aircraft over a period of 12 months. Application for approval under subsection 9B of CAO 20.18 will be required for use of the new transponder in combination with the aircraft’s existing global positioning systems receivers.

 

Safety issues

Airservices Australia Aeronautical Information Package (AIP), dated 7th June 2007, General (GEN) 1.5 Aircraft Instruments, Equipment and Flight Documents, paragraph 11, ADS-B Operations, states the following:

 

“To receive ADS-B derived ATS surveillance in Australian airspace, aircraft operators must make application to Airservices Australia. Only aircraft meeting the criteria for ADS-B operations in Australia shall be eligible to receive ADS-B derived services. ADS‑B data from ineligible aircraft will not be displayed to ATC.”

 

Qantas has not applied to Airservices Australia for ADS-B derived surveillance services for the Qantas B747-400 fleet.

 

The fact that an aircraft will not receive ADS-B derived services does not of itself raise any safety concern. Subsection 9B of CAO 20.18 does not make use of ADS-B compulsory. To ensure that there is no interference with the operations of those aircraft that are compliant, subsection 9B of CAO 20.18 requires non-compliant ADS-B equipment to be deactivated. Activated, but non-compliant ADS-B equipment can cause confusion in transmissions.

 

However, in the case of the operator, to deactivate the ADS-B equipment would also deactivate the transponder which, although causing intermittent corruption of flight identification data transmission, is otherwise essential for the safe operation of the aircraft. Hence, the effect of the exemption is that the operator need not deactivate its non-complying ADS-B equipment.

 

CASA is satisfied that this activation does not give rise to any safety concern in respect of either the operator’s Boeing 747-400 fleet or other aircraft carrying compliant ADS-B equipment.

 

Since the Qantas B747-400 aircraft are not currently approved by Airservices Australia (AA) for ADS-B operations, the ADS-B data from these aircraft will not be displayed to air traffic control. It will not cause confusion in transmissions and the safety of aircraft operations is not affected. Similar arrangements are in place for this Boeing 747-400 anomaly in the European Aviation Safety Authority.

 

The exemption will not result in a lowering of pre-existing safety standards or levels. However, during the period of the exemption, the subject aircraft will not be eligible to receive, or be capable of receiving, ADS-B related services from AA.

 

Legislative Instruments Act

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. Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. The instrument is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation under section 17 of the LIA has not been undertaken because the instrument is for a specific operator.

 

The instrument comes into effect immediately after the registration of Civil Aviation Order 20.18 Amendment Order (No. 1) 2007.

 

The exemption has been made by the Deputy Chief Executive Officer, Strategy and Support, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.

[Exemption number CASA EX27/07]

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety of air navigation in Australia and provide a regulatory framework for civil aviation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, and the safety of air navigation is central to these regulations. The Civil Aviation (Automatic Dependent Surveillance-Broadcast Equipment) Exemption (No. 1) 2007 addresses a specific issue faced by Qantas Airways Limited concerning their Boeing 747-400 fleet, where a software design flaw in the transponder caused periodic corruption of the "Aircraft Identification" downlink parameter, also known as "Flight ID." This flaw rendered the aircraft non-compliant with certain provisions of the Civil Aviation Regulations 1988, specifically those requiring compliance with approved equipment configurations and the transmission of exact flight identification particulars. The exemption, issued by the Civil Aviation Safety Authority (CASA), allows Qantas to continue using their non-compliant ADS-B equipment while they work to rectify the issue over a 12-month period. CASA has determined that this exemption does not compromise safety, as the affected aircraft are not currently approved for ADS-B operations by Airservices Australia and will not interfere with the operations of compliant aircraft. The exemption is subject to disallowance in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988), under the authority of the Civil Aviation Act 1988, apply to all persons, entities, and aircraft involved in air navigation within Australia. These regulations mandate the use of approved instruments and equipment on Australian aircraft to ensure safety, as outlined in subregulation 207(2) and (3) of CAR 1988. The Civil Aviation Safety Authority (CASA) has the authority to exempt specific aircraft or classes of aircraft from certain regulatory provisions, provided safety considerations are paramount, as per subregulation 308(1) and (3) of CAR 1988. This regulatory framework is designed to maintain high safety standards in Australia's aviation sector, with particular attention to the use of Automatic Dependent Surveillance-Broadcast (ADS-B) equipment. CASA has issued Civil Aviation Orders (CAO) and amendments, such as CAO 20.18 Amendment Order (No. 1) 2007, which set out the requirements for ADS-B equipment, including compliance with ICAO standards. The exemption granted to Qantas Airways Limited for its Boeing 747-400 fleet is an example of how CASA applies these regulations, allowing the operator to continue using non-compliant ADS-B equipment temporarily while working on a software fix, thus ensuring that safety is not compromised during the rectification process.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 mandate that an Australian aircraft must be equipped with instruments and equipment that are approved and directed by the Civil Aviation Safety Authority (CASA) before it can be used in any class of operation (section 207(2) CAR 1988). Furthermore, if CASA approves or directs the fitting or carriage of an instrument or piece of equipment, it must be used in accordance with CASA's directions (section 207(3) CAR 1988). CASA has the authority to exempt specific aircraft, or persons involved in their operation, from complying with certain provisions of the CAR 1988, provided that safety considerations are taken into account (section 308(1) and (3) CAR 1988). In this context, CASA has made an exemption for Qantas Airways Limited, allowing them to temporarily operate their Boeing 747-400 fleet without fully compliant Automatic Dependent Surveillance – Broadcast (ADS-B) equipment. The exemption imposes specific obligations on Qantas Airways. They must ensure that their Boeing 747-400 fleet continues to operate safely despite the ADS-B equipment not being fully compliant with the regulations. To achieve this, Qantas must deactivate the ADS-B transmitting equipment if it does not meet the required standards, as per section 9B.3 of Civil Aviation Order 20.18 (CAO 20.18). However, deactivating the ADS-B equipment would also deactivate the transponder, which is essential for the safe operation of the aircraft. To mitigate this, CASA has granted the exemption, allowing Qantas to keep the ADS-B equipment activated without deactivating the transponder, thus ensuring the aircraft remains operationally safe. Qantas must also apply for CASA approval for the new transponders and follow a managed process to install them on the specified aircraft within the given timeframe. Failure to comply with the CAR 1988 and the associated CASA orders could result in significant legal consequences. The Civil Aviation Act 1988 and the CAR 1988 provide for various civil and criminal penalties for non-compliance. For instance, operating an aircraft without the required instruments and equipment could result in fines and imprisonment, as per the general provisions of the Act. The specific exemption granted to Qantas does not alter these penalties but provides a temporary solution to an identified problem. CASA's decision to grant this exemption was based on the understanding that maintaining the operation of the aircraft without fully compliant ADS-B equipment does not compromise safety, given the measures Qantas will implement to rectify the issue within the stipulated period. Under the Legislative Instruments Act 2003, the exemption is considered a disallowable instrument, subject to tabling and disallowance in the Parliament (section 6(d)(i) LIA). However, since this exemption pertains to a specific operator, consultation under section 17 of the LIA was not undertaken. The exemption comes into effect immediately after the registration of the Civil Aviation Order 20.18 Amendment Order (No. 1) 2007 and has been issued by a delegate of CASA, as per subregulation 7(1) of CAR 1988. This ensures that the exemption is legally sound and complies with all relevant legislative requirements.

Legal classification tags

Area of Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Compliance Obligations
Exemptions & Exclusions
Enforcement Powers

Interactions

Authorises

All Versions

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.