Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — display of markings
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor General to make Regulations for the Act and in relation to the safety of air navigation.
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may by instrument grant an exemption under this Division from compliance with a provision in CASR 1998.
Regulation 45.035 of CASR 1998 provides that an Australian aircraft must bear as many sets of its markings as required by the regulations. Gliders and sailplanes were previously exempted from the requirement to display the nationality mark “VH-” and the first character of the registration mark if that character was a “G”. No saving provisions were provided when the relevant part of the Civil Aviation Regulations 1988 was revoked when Part 45 of CASR 1998 came into effect. The exemption will allow gliders and sailplanes, which are administered by the Gliding Federation of Australia (GFA), to operate without the nationality mark and the first character of the registration mark, provided that character is the letter “G”, when operating in Australian territory. It renews instrument CASA EX41/11 which expired at the end of March 2013.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of aircraft, those registered with the GFA. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
CASA proposes to amend Part 45 of CASR 1998 to exempt all gliders and sailplanes registered with the GFA in accordance with Part 47 of CASR 1998. Consultation under section 17 of the LIA was undertaken as part of the Notice of Proposed Rule Making. That consultation period ended on 26 February 2011. The amendments of Part 45, as consulted on, would allow gliders and sailplanes which are administered by the GFA to operate without the nationality mark and the first character of the registration mark, provided that character is the letter “G”, when operating in Australian territory. No negative responses were received. The exemption, CASA EX41/11, was made as an interim measure pending the development and coming into effect of the proposed amendment. This instrument renews the operation of CASA EX41/11. In light of this background and the ongoing need for the exemption, no consultation was undertaken in relation to issue of this exemption.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Commencement and making
The exemption commences on the day of registration and stops having effect at the end of 31 March 2016 as if it had been repealed by another instrument.
The exemption has been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX38/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — display of markings
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 exemption will allow gliders and sailplanes, which are administered by the Gliding Federation of Australia, to operate without the nationality mark and the first character of the registration mark, provided that character is the letter “G”, when operating in Australian territory.
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