Explanatory Statement
Civil Aviation Regulations 1988
Exemption — carriage of aeronautical maps, charts and other aeronautical information and instructions
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt an aircraft from compliance with specified provisions of CAR 1988. Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety.
Under paragraph 233 (1) (h) of CAR 1988, the pilot in command of an aircraft must not commence a flight if he or she has not received evidence, and taken such action as is necessary to ensure, that the latest aeronautical maps, charts and other aeronautical information and instructions published in AIP or by a person approved in writing, that are applicable to the route to be flown and to any alternative route that may be flown on the flights, are carried in the aircraft and are readily accessible to the flight crew.
Jetstar Airways Pty Limited (Jetstar) has been issued with an approval to conduct a trial of certain Area Navigation (Required Navigation Performance Authorisation Required) instrument approach and departure procedures (RNP-AR IAP and IDP) designed by Naverus Inc (Naverus). These are sophisticated, computer-assisted area navigation operations with particular performance requirements for which a CASA authorisation is required.
Naverus is not approved to prepare and publish aeronautical maps, charts and other aeronautical instructions.
The instrument enables the trial to take place in controlled circumstances by permitting Jetstar to use the Naverus instruments procedures charts in accordance with the documents titled Jetstar Application to conduct Airbus A320 RNP AR Operations Version 1.0 dated 29 June 2007 and Jetstar Application for Navigation Authorisation RNP AR (Queenstown NZ) Version 1.2 dated 5 March 2010.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. 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. The exemption is, therefore, a legislative instrument and 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. The instrument is being made to facilitate the conduct of a trial by Jetstar that has been approved after consultations.
The instrument commences on the day after it is registered and stops having effect at the earlier of: instrument CASA 109/10 ceasing to have effect; or the end of 31 March 2011.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX30/10]