Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — display of markings (gliders and powered sailplanes)
Purpose
The exemption will enable the continued operation in Australian territory of gliders and powered sailplanes registered with the Gliding Federation of Australia (GFA) without displaying the Australian nationality mark, whether or not the first character of the aircraft’s registration mark is the character “G”.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Subregulation 45.015 (2) of the Civil Aviation Safety Regulations 1998 (CASR) provides for the marking of an aircraft that is a registered glider or a powered sailplane operating in Australian territory.
Under subregulation 11.160 (1) of CASR, for subsection 98 (5A) of the Act, CASA may grant an exemption from compliance with a provision of the regulations in relation to a matter mentioned in that subsection.
Subregulation 11.170 (3) provides that, in deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of aviation safety.
Background
Gliders and powered sailplanes registered with the GFA and operating in Australian territory have previously been exempted from the requirement to display the Australian nationality mark “VH”. However, no saving provisions were provided with the revocation of the relevant part of the Civil Aviation Regulations 1988 when Part 45 of CASR came into effect on 4 July 2016. As a consequence, current legislation requires the registration holder and the registered operator of a glider or a powered sailplane (the registration holder and operator) to include the Australian nationality mark if the first character of the aircraft’s registration begins with a character other than the character “G”.
Instrument
The effect of the instrument is to exempt the registration holder and operator from having to include the Australian nationality mark in the aircraft’s markings, regardless of which characters constitute the aircraft’s registration mark.
However, the instrument does not exempt the registration holder and operator from providing the complete three-character registration mark if the aircraft’s registration mark begins with a character other than the character “G” and the aircraft is operating in Australian territory.
Legislation Act 2003 (the LA)
Paragraph 98 (5A) (a) of the Act provides that the regulations may empower CASA to issue an instrument in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft. Relevantly, subsection 98 (5AA) provides that an instrument made under paragraph (5A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons or a class of aircraft.
As the instrument is expressed to apply to a class of persons, the instrument is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
A consultation draft of the Civil Aviation Legislation Amendment (Part 45) Regulation 2015 incorporating the terms of this exemption was published on the CASA website on 7 July 2015. No negative responses to the proposed provisions incorporating the terms of this exemption were received by the close of the consultation period on 3 August 2015.
In these circumstances, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.
CASA is considering relevant amendments to Part 45 of CASR so exemptions are not required.
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required in this case as the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Making and commencement
The exemption is made by a delegate of CASA relying on the power of delegation under regulation 11.260 of CASR.
The instrument commences on the day of registration and is repealed at the end of 28 February 2018.
[Instrument number CASA EX39/17]
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 (gliders and powered sailplanes)
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 powered sailplanes administered by the Gliding Federation of Australia to operate without the nationality mark, whether or not the first character of the registration mark is the character “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