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 No saving provisions were provided when the relevant part of the Civil Aviation Regulation 1988 was revoked when Part 45 of CASR 1998 came into effect.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]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) were amended to provide an exemption for gliders and sailplanes registered with the Gliding Federation of Australia from the requirement to display the nationality mark "VH-" and the first character of the registration mark if that character is "G" when operating in Australian territory. This exemption was introduced to address the gap left by the revocation of the relevant part of the Civil Aviation Regulation 1988, which had previously exempted these aircraft from the marking requirement but did not include any saving provisions. The amendment was enacted by the Civil Aviation Safety Authority (CASA) under regulation 11.160 of the CASR 1998 and is effective as an interim measure until a proposed amendment to the regulations is developed and enacted. The exemption was subject to consultation under the Legislative Instruments Act 2003 and was registered as a disallowable instrument, meaning it is subject to tabling and disallowance in the Parliament. This exemption is set to cease on 31 March 2013.
Scope and Application
The Civil Aviation Regulations 1998, specifically under regulation 11.160, empower the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions, including the display of markings on aircraft. Regulation 45.035 of the Civil Aviation Safety Regulations 1998 (CASR 1998) originally required Australian aircraft to display certain markings, but gliders and sailplanes had previously been exempt from displaying the nationality mark "VH-" and the first character of the registration mark if it was a "G". With the coming into effect of Part 45 of CASR 1998, no saving provisions were provided, resulting in a gap in the regulatory framework. The exemption, issued under the authority of the Civil Aviation Act 1988, aims to address this gap by allowing gliders and sailplanes administered by the Gliding Federation of Australia (GFA) to operate without these specific markings while in Australian territory, until such time as the proposed regulatory amendment is finalised and enacted. This exemption is a disallowable instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. The exemption is effective from the date of registration and will cease on 31 March 2013.
Key Provisions
The primary sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) relevant to this legislation include sections 11.160 and 45.035. Section 11.160 allows the Civil Aviation Safety Authority (CASA) to grant exemptions from specific provisions in CASR 1998, while section 45.035 originally mandated that Australian aircraft display specific markings, including the nationality mark "VH-" and the first character of the registration mark. This legislation proposes an exemption to this requirement for gliders and sailplanes, as detailed in regulation 11.160, allowing gliders and sailplanes administered by the Gliding Federation of Australia (GFA) to operate without displaying these specific markings when operating within Australian territory. This exemption is intended to be a temporary measure until a formal amendment to CASR 1998 is implemented.
The Act imposes obligations on CASA to ensure that any exemptions granted do not compromise aviation safety. CASA must ensure that the exemption applies only to gliders and sailplanes registered with the GFA, and that the exemption is strictly limited to operations within Australian territory. CASA must also ensure that any exemptions granted do not contravene other regulatory requirements or aviation safety standards. Furthermore, the exemption must be managed within the parameters of the Civil Aviation Act 1988 and the Legislative Instruments Act 2003. The exemption, being a legislative instrument, must be tabled and is subject to disallowance by Parliament, ensuring that the exemption is subject to legislative oversight.
Breaches of the provisions in CASR 1998, including failure to comply with the exemption conditions, may lead to civil or criminal penalties. Section 45.035, which the exemption affects, pertains to aircraft markings that are critical for identification and regulatory compliance. Failure to display required markings can result in enforcement actions by CASA, including fines and potential grounding of the aircraft. The severity of penalties can vary depending on the specific circumstances of the breach and the impact on aviation safety. The maximum penalties for non-compliance with aviation regulations can include substantial fines and, in more severe cases, imprisonment for individuals found guilty of criminal offences. These penalties underscore the importance of adhering to the regulatory requirements and the exemption conditions.