Explanatory Statement
Civil Aviation Regulations 1998
Exemption — display of markings
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor General to make Regulations.
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 No saving provisions were provided when the relevant part of the Civil Aviation Regulation 1988 was revoked when Part 45 of CASR 1998 came into effect.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.
Legislative Instrument Act
Because the exemption affects the operation of paragraph 45.035 of CASR 1998, it is declared to be a disallowable instrument under regulation 11.215 of CASR 1998. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
CASA proposes to amend Part 45 of CASR 1998 to exempt all gliders and seaplanes 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. The consultation period ended on 26 February 2011. No negative responses have been received. The exemption is being made as an interim measure pending the development and coming into effect of the proposed amendment.
The exemption commences on the day of registration and stops having effect at the end of 31 March 2013.
The exemption has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with regulation 11.160 of CASR 1998.
[Instrument number CASA EX41/11]