CASA EX48/16 - Exemption — flying training in amateur-built aeroplane

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2016L00542 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Act 1988

Exemption — flying training in amateur-built aircraft

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.

 

Paragraph 11.160 (1) (b) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988 (CAR 1988) or a provision of the Civil Aviation Orders (the CAOs), in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

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.

 

Under regulation 5 of CAR 1988, if CASA is empowered or required under the Regulations to give a permission, approval or authority, CASA may, unless the contrary intention appears in the regulation conferring the power or function or imposing the obligation or duty, issue the direction, instruction or notification or give the permission, approval or authority in CAOs or otherwise in writing.

 

Purpose of the instrument

Civil Aviation Order 95.55 (Exemption from the provisions of the Civil Aviation Regulations 1988 — certain ultralight aeroplanes) Instrument 2015 (CAO 95.55) applies to particular kinds of light sport aircraft and exempts the aircraft from compliance with provisions of CAR 1988, subject to conditions set out in the CAO.

 

The instrument applies to a Brumby 610 aeroplane registered with Recreational Aviation Australia Inc. as 19-7780. It exempts the aeroplane from particular provisions of CAO 95.55 relating to the licensing requirements for pilots of light sport aircraft, if the aeroplane is being operated for training. The exemption is subject to conditions about who may operate the aeroplane as the pilot in command for the purpose of receiving the training.

 

Legislative instrument

Regulation 5A of CAR 1988 provides that if CASA has issued a CAO that is not an airworthiness directive whether, before, on or after 16 June 1994, a prescribed direction or exemption is issued, given or granted on or after that day and the prescribed direction or exemption has the effect of repealing, amending or otherwise affecting the operation of anything in the CAO, the prescribed direction or exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 (the AIA).

 

Subparagraph 57AA (a) (i) of the Legislation Act 2003 (the LA) provides that for the purposes of subsection 8 (5) (which defines legislative instrument), an instrument is a legislative instrument if it is made under a power delegated by the Parliament before 1 January 2004 and is declared to be a disallowable instrument for the purposes of section 46A of the AIA in force at any time before 1 January 2005. Section 4 of the LA provides that a disallowable instrument means a legislative instrument to which section 42 of the LA applies.

 

Accordingly, the instrument must be lodged along with an Explanatory Statement for the instrument under section 15G of the LA.

 

The requirements for the Explanatory Statement are set out in section 15J of the LA and include that the Explanatory Statement be approved by the rule maker, explain the purpose and operation of the instrument, contain a description of any consultation undertaken in relation to the instrument or an explanation of why consultation was not undertaken. Because the instrument is a disallowable instrument, the Explanatory Statement for the instrument must contain a statement of compatibility prepared under subsection 9 (1) of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

The instrument will not be enforceable unless it is registered, see section 15K of the LA.

 

Consultation

The exemption is in relation to an operation that is a requirement for recreational aviation operations only and Recreational Aviation Australia Inc. has been consulted and supports the exemption.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Regulation Impact Statement

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and the Office of Best Practice Regulation (OBPR) under which a RIS is not required (OBPR id: 14507).

 

Making and commencement

The exemption has been made by a delegate of CASA relying on the power of delegation in subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on the day after registration and expires at the end of April 2017, as if it had been repealed by another instrument.

 

[Instrument number CASA EX48/16]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption — flying training in amateur-built aeroplane

 

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 instrument applies to a Brumby 610 aeroplane registered with Recreational Aviation Australia Inc. as 19-7780. It exempts the aeroplane from particular provisions of the Civil Aviation Regulations 1988 relating to the licensing requirements for pilots of light sport aircraft if the aeroplane is being operated for training. The exemption is subject to conditions about who may operate the aeroplane as the pilot in command for the purpose of receiving the training.

 

Human rights implications

The 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. The instrument does not engage any of the applicable rights or freedoms and is compatible with human rights.

 

Conclusion

This legislative instrument does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Act 1988 was enacted to establish and regulate civil aviation in Australia, ensuring the safety and efficiency of aviation operations within the country. The Act provides the legislative framework for the Civil Aviation Safety Authority (CASA) to administer and enforce civil aviation regulations, including issuing exemptions where necessary to address specific safety concerns or operational requirements. One such exemption is detailed in the Civil Aviation Order 95.55, which provides relief from certain regulatory provisions for particular light sport aircraft, subject to conditions that ensure continued safety standards are met. This instrument was developed in consultation with relevant stakeholders, including Recreational Aviation Australia Inc., and includes a Statement of Compatibility with Human Rights, confirming its alignment with recognised international human rights standards. The exemption aims to facilitate training activities for pilots in amateur-built aircraft while maintaining stringent safety oversight. The legislative instrument in question is a Civil Aviation Order (CAO) issued by CASA, acting under the powers conferred by the Civil Aviation Act 1988. The specific exemption for a Brumby 610 aeroplane registered as 19-7780 under Recreational Aviation Australia Inc. was made to allow for the aircraft's use in flying training, subject to stringent conditions that ensure the safety of air navigation. This CAO is a disallowable instrument under the Acts Interpretation Act 1901 and, as such, required an accompanying Explanatory Statement detailing its purpose, operation, and compliance with human rights standards. The instrument will not be enforceable until it is registered, as per the Legislative Instruments Act 2003. The exemption is set to expire at the end of April 2017, aligning with the temporary nature of such regulatory relief measures.

Scope and Application

The Civil Aviation Order 95.55 (Exemption from the provisions of the Civil Aviation Regulations 1988 – certain ultralight aeroplanes) Instrument 2015 applies specifically to a Brumby 610 aeroplane registered with Recreational Aviation Australia Inc. as 19-7780. This instrument grants an exemption from particular provisions of the Civil Aviation Regulations 1988 relating to the licensing requirements for pilots of light sport aircraft, provided the aeroplane is being used for training. The exemption is conditional, specifying who may operate the aeroplane as the pilot in command for the purpose of receiving training. The instrument is a legislative instrument subject to disallowance under the Acts Interpretation Act 1901 and the Legislation Act 2003, and it must be registered before it can be enforced. It is subject to consultation with relevant parties, including Recreational Aviation Australia Inc., which supports the exemption. Additionally, the instrument includes a Statement of Compatibility with Human Rights, affirming its compatibility with human rights and freedoms as recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. The exemption is effective from the day after registration and expires at the end of April 2017.

Key Provisions

The main operative sections of the Civil Aviation Act 1988 (the Act) relevant to this exemption include section 98, which empowers the Governor-General to make regulations for the Act and the safety of air navigation. Under paragraph 11.160(1)(b) of the Civil Aviation Safety Regulations 1998 (CASR 1998), the Civil Aviation Safety Authority (CASA) may grant exemptions from provisions of the Civil Aviation Regulations 1988 (CAR 1988) or Civil Aviation Orders (CAOs) if necessary for the safety of air navigation. The exemption may be granted to a specific person or a class of persons and can be subject to conditions as outlined in subregulation 11.205(1) of CASR 1998. Regulation 11.225 mandates that any granted exemption must be published on the Internet, and under subregulation 11.230(1), such an exemption will cease on the specified day or, if no day is specified, 3 years after its commencement. The Act imposes certain obligations and requirements on parties governed by it. For instance, CASA is required to ensure that any exemption granted does not compromise the safety of air navigation. Furthermore, CASA must publish the exemption on the Internet as per regulation 11.225 and adhere to the conditions stipulated in the exemption. Additionally, any exemption must be subject to conditions that specify who may operate the aircraft as the pilot in command for the purpose of receiving the training. The Act also mandates that any legislative instrument made under it must be lodged along with an Explanatory Statement that explains the purpose and operation of the instrument, and includes a statement of compatibility with human rights. There are potential civil and criminal consequences for breaches of the provisions under this Act. For example, under section 57AA(a)(i) of the Legislation Act 2003, a prescribed direction or exemption that affects the operation of a Civil Aviation Order (CAO) is a disallowable instrument. Such instruments can be subject to disallowance by either House of the Parliament, and failure to comply with the requirements for lodging and publishing can result in the instrument being unenforceable. Additionally, any actions that compromise the safety of air navigation can lead to severe penalties, including fines and imprisonment. However, the specific penalties for breaches are not detailed in the provided text.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.