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 No saving provisions were provided when the relevant part of the Civil Aviation Regulations 1988 was revoked when Part 45 of CASR 1998 came into effect.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
Overview
The Civil Aviation Safety Regulations 1998 were amended to address the exemption of certain gliders and sailplanes from displaying specific markings, a gap identified when these aircraft types were previously exempt from certain marking requirements but lacked saving provisions upon the transition to the current regulatory framework. Enacted by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988, this legislative instrument aims to streamline operations for gliders and sailplanes managed by the Gliding Federation of Australia by permitting them to forgo displaying the nationality mark "VH-" and the initial character of their registration mark if it is "G", when operating within Australian territory. This exemption renews CASA EX41/11, which expired in March 2013, and is subject to parliamentary scrutiny and disallowance under the Legislative Instruments Act 2003. The policy objective is to maintain operational efficiency and compliance without compromising safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of air navigation in Australia, and under Section 98 of the Civil Aviation Act 1988, the Governor General has the power to make regulations for this purpose. Regulation 11.160 of CASR 1998 grants the Civil Aviation Safety Authority (CASA) the authority to grant exemptions from compliance with specific provisions of the regulations. Regulation 45.035 mandates that Australian aircraft must display certain markings, but this requirement was previously exempted for gliders and sailplanes operated by the Gliding Federation of Australia. This exemption has now been renewed to allow gliders and sailplanes to operate without displaying the nationality mark "VH-" and the first character of the registration mark, provided that character is "G", when operating within Australian territory. The exemption applies to all gliders and sailplanes registered with the GFA and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption instrument, CASA EX38/13, was issued by a delegate of CASA and will cease to have effect at the end of 31 March 2016. This instrument aligns with human rights as it does not engage any applicable rights or freedoms, as detailed in the Statement of Compatibility with Human Rights.
Key Provisions
The main sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) relevant to this legislative instrument are sections 11.160, 45.035, and 98 of the Civil Aviation Act 1988. Section 11.160 provides the authority for the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with the provisions of the CASR 1998. Section 45.035 stipulates that Australian aircraft must display specific markings, including the nationality mark "VH-" and the first character of the registration mark. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act, including those related to the safety of air navigation.
The Act imposes specific obligations on the parties and entities it governs. Gliders and sailplanes registered with the Gliding Federation of Australia (GFA) are now exempt from displaying the nationality mark and the first character of the registration mark, provided that character is the letter "G", when operating in Australian territory. This exemption is designed to streamline operations for gliders and sailplanes, while still ensuring that they are identifiable and compliant with other safety requirements.
There are no specific offences or penalties outlined in this legislative instrument for breach of the exemption. However, it is important to note that any breach of the Civil Aviation Act 1988 or the CASR 1998 could result in enforcement actions by CASA, including fines, suspension of certificates, or other regulatory measures. The exemption itself does not create new criminal or civil liabilities but modifies existing requirements to accommodate the specific needs of gliders and sailplanes.
This exemption instrument was developed following consultation processes and is subject to tabling and disallowance in the Parliament, as required by the Legislative Instruments Act 2003. It has been deemed compatible with human rights as outlined in the Statement of Compatibility with Human Rights, which accompanies this instrument. The exemption is effective from the day of registration and will cease to have effect at the end of 31 March 2016 unless further extended or repealed by another instrument. The exemption has been issued by a delegate of CASA under the authority granted by the CASR 1998.