CASA EX33/15 - Exemption and permission – Avalon Airshow 2015 – aircraft to be flown without radiocommunication systems

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

Legislation au F2015L00168 Not in force Legislative Instrument

Legislation content

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

Overview

The Civil Aviation Safety Regulations 1998 Exemption and Permission Instrument 2015 (F2015L00168) was enacted to address a specific issue related to the participation of replica aircraft in the Australian International Air Show 2015 at Avalon, Victoria. Authorised by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, this instrument allows certain aircraft to be flown without radiocommunication systems during the air show and rehearsals, provided they meet the conditions outlined in the instrument. This was necessary to facilitate the participation of historically significant aircraft that may not be equipped with modern radiocommunication systems. The instrument was developed in response to a request from the air show organiser and was subject to review by the Civil Aviation Safety Authority (CASA), which imposed conditions to ensure air navigation safety. The instrument was made under the authority of the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. This legislative instrument does not engage any human rights issues, as outlined in the Statement of Compatibility with Human Rights, which confirms its alignment with international human rights standards.

Scope and Application

The instrument of exemption and permission under the Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998 applies to replica aircraft that are replicas of historic aircraft as defined in Schedule 1 of the instrument. This legislation allows these specific aircraft to be flown in an approved part of the Australian International Air Show 2015 at Avalon, Victoria, without carrying radiocommunication systems. This exemption is granted under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations, and subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998, which provides that CASA may grant exemptions. The exemption is limited to the period between 18 February 2015 and 1 March 2015 and requires compliance with conditions specified in Schedule 2 to ensure the safety of air navigation. This instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. It has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260(1) of the Civil Aviation Safety Regulations 1998.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended by the instrument of exemption and permission, allowing specific aircraft to participate in the Australian International Air Show 2015 at Avalon, Victoria. This amendment permits replica aircraft, as defined in Schedule 1 of the instrument, to fly without the required radiocommunication systems, which are typically mandatory for Visual Flight Rules (VFR) flight under subregulation 174A(1) of CAR 1988. This exemption is subject to the conditions outlined in Schedule 2 of the instrument. Under the amended regulations, the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions and permissions as specified in subregulation 11.160(1) of CASR 1998, allowing these aircraft to operate under conditions that ensure the safety of air navigation. The exemption is also subject to subregulation 11.205(1) of CASR 1998, which allows CASA to impose necessary conditions to maintain safety. Furthermore, regulation 11.225 of CASR 1998 mandates that such exemptions must be published on the Internet, and under subregulation 11.230(1), the exemption will cease either on the specified date within the exemption or, if no date is specified, three years from its commencement. The instrument is subject to the Legislative Instruments Act 2003 (LIA) and must be tabled and disallowed in Parliament under sections 38 and 42 of the LIA. The instrument has been made by a delegate of CASA, relying on the power of delegation under subregulation 11.260(1) of CASR 1998. It was issued following a request from the organiser of the Air Show and, due to its minor and machinery nature, further consultation under section 17 of the LIA was not deemed necessary. The instrument is compatible with human rights as per the Statement of Compatibility with Human Rights included in Attachment 1, which confirms that the instrument does not engage any applicable rights or freedoms. Failure to comply with the conditions of this exemption may result in serious safety implications and potential breaches of civil aviation regulations. The maximum penalties for non-compliance with Civil Aviation Regulations can include substantial fines and other civil or criminal consequences, as determined by the relevant authorities. The instrument is effective from 18 February 2015 and will expire at the end of 1 March 2015, or upon revocation by another instrument.

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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.