Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Safety Regulations 1998
Exemption and permission – Avalon Air Show 2015 – aircraft to be flown without radiocommunication systems
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under subregulation 174A (3) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give permission for an aircraft that is not equipped for V.F.R. flight, as referred to in subregulation 174A (1), to be flown under the V.F.R. The equipment referred to under subregulation 174A (1) includes radiocommunication systems. The permission may be given subject to conditions.
Under regulation 82 of CAR 1988, an Australian aircraft engaged in regular public transport operations, and such other aircraft as CASA directs, must be equipped with such radiocommunication systems as CASA approves.
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 or the Civil Aviation Orders (the CAOs). 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.
Exemption and permission
The instrument of exemption and permission applies to replica aircraft, being replicas of historic aircraft as referred to in Schedule 1 of the instrument. It allows the aircraft to be flown in an approved part of the Australian International Air Show 2015 (the Air Show) at Avalon, Victoria without carrying a radiocommunication system. The instrument is subject to compliance with the conditions mentioned in Schedule 2.
Legislative Instruments Act 2003 (the LIA)
Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations or the CAOs. An instrument issued under paragraph 98 (5A) (a), as affecting the safe navigation and operation, or maintenance, of an aircraft 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, being the replica aircraft mentioned in Schedule 1.
The instrument of exemption and permission 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
The instrument of exemption and permission has been requested by the organiser of the Air Show. Further consultation under section 17 of the LIA has not been undertaken because the instrument is of a minor and machinery nature required to allow participation in the Air Show. Similar instruments have been issued previously for air shows, subject to conditions to ensure the safety of air navigation.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Commencement and making
The instrument commences on 18 February 2015 and expires at the end of 1 March 2015, as if it had been revoked by another instrument.
The instrument 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 EX33/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption and permission – Avalon Air Show 2015 – aircraft to be flown
without radiocommunication systems
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 certain aircraft participating in the Australian International Air Show 2015 (the Air Show) and during rehearsals for the Air Show at Avalon, Victoria between 18 February 2015 and 1 March 2015 to be flown without complying with provisions of the Civil Aviation Regulations 1988 in relation to the carriage of radiocommunication systems.
The necessary instrument of exemption and permission is issued for a limited time to allow participation in an Air Show. It is subject to conditions imposed by CASA in the interest of the safety of air navigation.
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