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 from compliance with a provision in CASR 1998. Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
Regulation 45.035 of CASR 1998 provides that Australian aircraft must bear 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 No saving provisions were provided when the relevant part of the Civil Aviation Regulations 1988 was revoked when Part 45 of CASR 1998 came into effect.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 as long as the first character of the registration mark is the letter “G”, when operating in Australian territory.
The instrument would have the effect of renewing instrument CASA EX38/13 which expires at the end of March 2016. The instrument would operate from 1 April 2016 until 3 July 2016. Schedule 3 to the Civil Aviation Legislation Amendment (Airworthiness and Other Matters —2015 Measures No. 1) Regulation 2015 (the amendment regulation) will introduce provisions that have the same effect in relation to markings on gliders and sailplanes. Schedule 3 commences on 4 July 2016, see item 4 of the table to regulation 1 of the amendment regulation.
Legislation Act 2003 (the LA)
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 the class of aircraft 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 LA.
Consultation
A consultation draft of the Civil Aviation Legislation Amendment (Part 45) Regulation 2015 incorporating this exemption was published on the CASA website on 7 July 2015. No negative responses to the proposed regulation to exempt all gliders and sailplanes registered with the GFA in accordance with Part 47 of CASR 1998 and operating in Australian territory from the requirement to display the nationality mark “VH” and the first character of the registration mark if that character was a “G” were received by the close of the consultation period on 3 August 2015.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The exemption has been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The exemption commences on 1 April 2016 and expires at the end of 3 July 2016, as if it had been repealed by another instrument.
[Instrument number CASA EX46/16]
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