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 No saving provisions were provided when the relevant part of the Civil Aviation Regulations 1988 was revoked when Part 45 of CASR 1998 came into effect.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
Overview
The Civil Aviation Safety Regulations 1998 were enacted by the Governor General under the authority of the Civil Aviation Act 1988 to regulate the safety of air navigation within Australia. One of the gaps the regulations sought to address was the specific requirement for gliders and sailplanes to display certain markings, which was previously regulated under the Civil Aviation Regulations 1988 but was not carried forward into the new regulations. This oversight led to ambiguity regarding the compliance requirements for these aircraft. The Civil Aviation Legislation Amendment (Part 45) Regulation 2015 was introduced by the Civil Aviation Safety Authority (CASA) to renew an exemption that had been in place and to clarify the regulatory requirements for gliders and sailplanes operated by the Gliding Federation of Australia. The exemption allows these aircraft to operate without displaying the nationality mark "VH" and the first character of the registration mark if it is "G" when operating within Australian territory, addressing the gap in the regulations and ensuring continued safety and compliance within the aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) permit the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain regulations, including the requirement for gliders and sailplanes to display specific markings. This particular exemption pertains to gliders and sailplanes administered by the Gliding Federation of Australia (GFA) that are operating within Australian territory. By exempting these aircraft from the requirement to display the nationality mark "VH-" and the first character of the registration mark if it is a "G", the regulation seeks to streamline operational requirements without compromising safety. The exemption applies to all gliders and sailplanes registered with the GFA, ensuring that these aircraft can continue to operate without the specified markings as long as the exemption remains in effect. The exemption is published on the Internet and is subject to tabling and disallowance in Parliament, reflecting its legislative nature. This instrument was developed following consultation and is compatible with human rights as it does not engage any of the applicable rights or freedoms. The exemption operates from 1 April 2016 until 3 July 2016, after which the Civil Aviation Legislation Amendment (Airworthiness and Other Matters - 2015 Measures No. 1) Regulation 2015 will introduce provisions that have the same effect, commencing on 4 July 2016.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended to allow for a specific exemption regarding the display of markings on gliders and sailplanes. Regulation 45.035 generally requires Australian aircraft to bear certain markings, including the nationality mark "VH-". However, under section 98 of the Civil Aviation Act 1988, the Governor General has the power to issue regulations concerning the safety of air navigation. This power allows the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with CASR 1998 provisions, subject to certain conditions and limitations. Specifically, regulation 11.160 allows CASA to exempt gliders and sailplanes from the requirement to display the nationality mark "VH" and the first character of the registration mark if it is "G", when operating in Australian territory. This exemption applies to gliders and sailplanes administered by the Gliding Federation of Australia (GFA).
The obligations imposed by this legislation on the parties it governs are primarily focused on compliance with the amended regulations. Gliders and sailplanes registered with the GFA and operating in Australian territory are exempt from the usual marking requirements as long as their registration marks start with the letter "G". CASA must ensure that these aircraft still meet all other safety standards and regulations, and the exemption is intended to simplify compliance for these specific types of aircraft without compromising safety. CASA must also impose any necessary conditions on the exemption if required to ensure safety (CASR 11.205(1)), and publish the exemption on the internet (CASR 11.225). The exemption will cease three years from its commencement, or on a specified date if provided (CASR 11.230(1)).
There are no specific offences or penalties outlined in this exemption itself; however, any breach of the Civil Aviation Safety Regulations 1998 could lead to enforcement actions by CASA. For example, if an aircraft does not comply with the regulations, CASA may take action under the Civil Aviation Act 1988, which includes the imposition of fines and other penalties. For general compliance issues, CASA can issue infringement notices under section 19 of the Act, with penalties that may extend up to $6,666 for individuals and $33,333 for corporations, depending on the severity of the breach. More serious breaches may result in prosecution under the criminal code, leading to higher fines and potential imprisonment.