Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA EX47/26 — ATC Licence Holders (Ballina Aerodrome) Recency and Currency Requirements Exemption 2026
Purpose
The purpose of CASA EX47/26 — ATC Licence Holders (Ballina Aerodrome) Recency and Currency Requirements Exemption 2026 (the instrument) is to enable air traffic controllers who will perform air traffic control functions for Ballina aerodrome to be trained in time for the commencement of the declaration of Class C and Class D airspace around Ballina aerodrome on 9 July 2026. The instrument will enable specified holders of an air traffic controller licence (ATC licence) to satisfy recency and currency requirements of the Civil Aviation Safety Regulations 1998 (CASR) for an endorsement in a simulated environment in accordance with a specified Safety Plan prepared by Airservices Australia (AA) (the Safety Plan).
The instrument is required because the declaration of Class C and D airspace around Ballina aerodrome will require air traffic control services to be provided around Ballina aerodrome. There are insufficient opportunities before that time for ATC licence holders to perform in the live environment the required duties or functions for ATC licence endorsements. This makes it difficult for ATC licence holders who will perform ATC functions for Ballina aerodrome to retain the necessary recency and currency for their endorsements.
The exemptions under the instrument would enable the ATC licence holders to whom the instrument applies to:
- complete currency competency assessments within a simulated environment
- have simulated hours count toward recency.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made CASR.
Subsection 98(5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.
Subpart 11.F of CASR provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160(1) of CASR provides that, for subsection 98(5A) of the Act, the Civil Aviation Safety Authority (CASA) may grant an exemption from compliance with a provision of the regulations. Under subregulation 11.160(2), an exemption may be granted to a person or a class of persons. Under subregulation 11.160(3), an exemption may be granted on application by a person or on CASA’s own initiative.
Under subregulation 11.170(3) of CASR, in deciding whether to grant an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety.
Regulation 11.225 of CASR requires an exemption to be published on the internet. Under subregulation 11.230(1) of CASR, the maximum duration of an exemption is 3 years.
Under paragraph 11.245(1)(a) of CASR, for subsection 98(5A) of the Act, CASA may, by instrument, issue a direction about any matter affecting the safe navigation and operation of aircraft. Subregulation 11.245(2) provides that CASA may issue such a direction if CASA is satisfied that it is necessary to do so in the interests of the safety of air navigation, if the direction is not inconsistent with the Act, and for the purposes of CASA’s functions. Under paragraph 11.250(a) of CASR, such a direction ceases to be in force on the day specified in the direction. Regulation 11.255 prescribes a strict liability offence (with a maximum penalty of 50 penalty units) for the contravention of such a direction.
Regulation 65.025 of CASR sets out how the holder of an ATC licence satisfies the recency requirement in relation to an endorsement. Subregulation 65.025(1) provides that the holder of an ATC licence satisfies the recency requirement in relation to an endorsement at a particular time if the holder has performed the duties required by the relevant function at the aerodrome or in relation to the airspace to which the endorsement relates for at least 5 hours within the previous 21 days. Paragraph 65.025(3)(b) is the second of 2 limbs that provide that a licence holder who does not satisfy the recency requirement at a particular time in relation to an endorsement is taken to satisfy that requirement at a later time after the holder has been assessed by the ATS provider as competent in performing the function at that aerodrome or in relation to that airspace (as opposed to performing the function in a simulated environment).
Regulation 65.030 of CASR sets out how the holder of an ATC licence satisfies the currency requirement in relation to an endorsement. Paragraph 65.030(1)(b) is the second of 2 limbs of the requirement for the holder of an air traffic control licence to satisfy the currency requirement at a particular time in relation to an endorsement. It requires the holder’s performance of the relevant function for the endorsement at the aerodrome, or in relation to the airspace, to have been assessed as satisfactory within the previous 6 months.
Regulation 65.035 of CASR provides that a person may carry out an air traffic control function in Australian territory if, at the time the person carries out the function, they hold an ATC licence with a rating for the function and an endorsement for the place where it is carried out, the licence rating and endorsement are in force and the person satisfies the recency and currency requirements for the endorsement. Subparagraph 65.035(1)(c)(i) requires the person to satisfy the recency and current requirements in relation to the endorsement.
Under subregulation 65.045(1) of CASR, it is an offence (carrying a maximum penalty of 25 penalty units) for a person who is not authorised by subregulation 65.035(1) or (2) to carry out an air traffic control function in Australian territory. Under subregulation 65.035(3), strict liability applies to specified physical elements of the offence.
Background
The recency and currency requirements for endorsements on ATC licences in Part 65 of CASR do not state that required duties or relevant functions may be performed on a simulator. CASA interprets the relevant provisions of CASR for recency and currency as requiring performance of the required duties or relevant function, as applicable, to be in the live operational environment.
Where this is not possible, CASA has, if requested by AA, and through a series of instruments dating back to 2008 (most recently CASA EX45/26), granted ATC licence holders exemptions to allow the use of time spent on a simulator to count towards the recency and currency requirements of regulations 65.025 and 65.030 for an endorsement.
Because requirements for currency and recency are not achievable in a live environment at Ballina before the commencement of the declaration of Class C and D airspace around Ballina, AA has requested CASA to grant exemptions from the CASR recency and currency requirements for endorsements held by relevant ATC licence holders to enable the training and assessment to be conducted in accordance with AA’s Safety Plan using simulators. The exemption is only required for a short period after the declaration of Class C and D airspace commences on 9 July 2026. After that period, the ATC licence holders will have had the opportunity to meet currency and recency requirements in the live environment at Ballina.
Aerodrome control services for Ballina will be operated from the Ballina Tower. The ATC licence endorsements that are affected by the instrument are known as the Ballina Tower endorsements, consisting of Aerodrome Control, Surface Movement Control and Tower Coordinator as well as the Brisbane Approach Ballina endorsement.
Overview of instrument
The instrument provides exemptions from relevant CASR provisions for ATC licence holders who perform ATC functions under an endorsement, and who have completed training and assessment for the endorsement in a simulated environment and in accordance with the Safety Plan, and performed certain required duties to which the endorsement relates for at least 5 hours within the previous 21 days, to enable them to satisfy endorsement recency requirements under CASR.
The instrument also enables ATC licence holders who perform ATC functions under an endorsement and who have completed training and assessment for the endorsement in a simulated environment and in accordance with the Safety Plan and, within the previous 6 months, performed on a simulator the relevant function to which the endorsement relates, to the extent possible in a simulated environment, provided their performance has been assessed by AA as satisfactory, to satisfy endorsement currency requirements under CASR.
CASA has assessed the impact the instrument will have on aviation safety and is satisfied that it will have no impact on aviation safety. CASA considers that risk mitigation is provided for in the Safety Plan.
Documents incorporated by reference
The instrument incorporates the following documents, prepared by AA and incorporated as existing from time to time:
- the AA ATS Licensing and Certificates Manual (ATS-MAN-0015), Version 51, effective 23 March 2026
- the Ballina Enhanced Services Program All Phases Safety Plan, Version 1.0, effective 3 December 2025 or, if a later version is approved in writing by CASA, the later version (mentioned in the definition of Safety Plan in the instrument).
These documents are internal AA documents and not freely available to the public. However, CASA will, by prior arrangement, make a copy of either or both of the documents available for viewing at its offices.
Content of instrument
Section 1 sets out the name of the instrument.
Section 2 provides that the instrument commences on the day after it is registered and is repealed at the end of 9 August 2026. The instrument repeals at the end of 9 August 2026 because by then the live environment will be available at Ballina aerodrome to establish recency and currency.
Section 3 sets out the definitions for the instrument.
AA ATS Licensing and Certificates Manual is defined as the document titled AA ATS Licensing and Certificates Manual (ATS-MAN-0015), Version 51, effective 23 March 2026.
Endorsement is defined as meaning an endorsement, on an ATC licence, that is granted by CASA under regulation 65.085 of CASR.
Safety Plan is defined as the document prepared by AA titled Ballina Enhanced Services Program All Phases Safety Plan, Version 1.0, effective 3 December 2025 or, if a later version is approved in writing by CASA, the later version.
A note under this definition states that AA is the ATS provider for Ballina aerodrome and that, under section 65.090 of CASR, ATS providers are obliged to provide programs for currency and recency training of employees, and their assessment.
Section 4 mentions, in paragraphs (a) and (b) respectively, the 2 kinds of ATC licence holders to whom the instrument applies. Under both paragraphs, each kind of ATC licence holder must perform ATC functions under an endorsement and have completed training and assessment for the endorsement in a simulated environment and in accordance with the Training Plan. Under paragraph (a), an ATC licence holder must also have either performed the duties required by the relevant function for the aerodrome or in relation to the airspace to which the endorsement relates for at least 5 hours within the previous 21 days. Under paragraph (b), the ATC licence holder must have, within the previous 6 months, performed on a simulator the relevant function to which the endorsement relates, to the extent possible in a simulated environment, provided their performance has been assessed by AA as satisfactory.
Section 5 sets out the exemptions applying to the 2 kinds of ATC licence holders to whom the instrument applies.
Under subsection 5(1), an ATC licence holder mentioned in paragraph 4(a) is exempt from subregulation 65.045(1) to the extent that it requires the licence holder to comply with the recency requirement mentioned in subparagraph 65.035(1)(c)(i) in the manner specified in subregulation 65.025(1) in relation to the endorsement.
Under subsection 5(2), an ATC licence holder mentioned in paragraph 4(a) is exempted from subregulation 65.045(1) to the extent that it requires the licence holder to comply with the recency requirement mentioned in subparagraph 65.025(3)(b) and the currency requirement mentioned in paragraph 65.030(1)(b) in relation to the endorsement.
Under subsection 5(3), an ATC licence holder mentioned in paragraph 4(b) is exempt from subregulation 65.045(1) to the extent that the subregulation requires the licence holder to comply with the currency requirement mentioned in subparagraph 65.035(1)(c)(i) in the manner specified in paragraph 65.030(1)(b) in relation to the endorsement.
Section 6 sets out directions to AA in relation to the exemptions. Under section 6, AA must ensure that:
- it provides sufficient hours for ATC personnel to train in the simulated environment
- initial endorsements of ATC personnel for Ballina aerodrome are conducted in accordance with AA’s ATS Licensing and Certificates Manual
- if AA becomes aware of limitations with the simulator that impede proper assessment, AA must assess the relevant competencies in the live environment.
Legislation Act 2003 (the LA)
Paragraph 98(5A)(a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aeroplanes. Additionally, paragraph 98(5AA)(a) of the Act provides that an instrument issued under paragraph 98(5A)(a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. The instrument expressly applies in relation to the kinds of ATC licence holders mentioned in section 4 of the instrument, that is, to classes of persons. The instrument is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Sunsetting
Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument because the instrument relates to aviation safety and is made under CASR (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015).
However, this instrument will be repealed at the end of 9 August 2026, which will occur before the sunsetting provisions would have repealed the instrument if they had applied. Any renewal of the instrument will be subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA. Therefore, the exemption from sunsetting does not affect parliamentary oversight of this instrument.
Consultation
The instrument was prepared following an application by AA for the exemptions in the instrument. The application process involved AA preparing its Safety Plan. CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.
Sector risk, economic and cost impact
Subsection 9A(1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A(3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c), CASA must:
(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and
(b) take into account the differing risks associated with different industry sectors.
The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.
This instrument provides for exemptions from provisions of CASR in a way that will create efficiencies for certain ATC licence holders in relation to satisfying the recency and currency requirements on their endorsement. There will be no economic or cost impact on individuals, businesses or the community as a result of this measure.
Impact on categories of operations
The instrument will have a beneficial effect on all categories of aircraft that utilise Ballina aerodrome as it will ensure sufficient numbers of trained and assessed air traffic controllers are available to perform ATC functions at Ballina.
Impact on regional and remote communities
The instrument is likely to have a beneficial effect on the regional community around Ballina aerodrome insofar as it enables air traffic and aviation activity in the region.
Office of Impact Analysis (OIA)
An Impact Analysis (IA) is not required in this case, as the exemption is covered by a standing agreement between CASA and OIA under which an IA is not required for exemptions (OIA reference number: OIA23-06252).
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.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260(1) of CASR.
The instrument commences on the day after it is registered and is repealed at the end of 9 August 2026.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA EX47/26 — ATC Licence Holders (Ballina Aerodrome) Recency and Currency Requirements Exemption 2026
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 purpose of CASA EX47/26 — ATC Licence Holders (Ballina Aerodrome) Recency and Currency Requirements Exemption 2026 (the instrument) is to enable air traffic controllers who will perform air traffic control functions for Ballina aerodrome to be trained in time for the commencement of the declaration of Class C and Class D airspace around Ballina aerodrome on 9 July 2026. The instrument will enable specified holders of an air traffic controller licence (ATC licence) to satisfy recency and currency requirements of the Civil Aviation Safety Regulations 1998 for an endorsement in a simulated environment in accordance with a specified Safety Plan prepared by Airservices Australia.
The instrument is required because the declaration of Class C and D airspace around Ballina aerodrome will require air traffic control services to be provided around Ballina aerodrome. There are insufficient opportunities before that time for ATC licence holders to perform in the live environment the required duties or functions for ATC licence endorsements. This makes it difficult for ATC licence holders who will perform ATC functions for Ballina aerodrome to retain the necessary recency and currency for their endorsements.
The exemptions under the instrument would enable the ATC licence holders to whom the instrument applies to:
- complete currency competency assessments within a simulated environment
- have simulated hours count toward recency.
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