Explanatory Statement
Civil Aviation Safety Regulations 1998
Amendment of instrument CASA EX31/09 — Exemption – display of markings
Legislation
Section 98 of the Civil Aviation Act 1988 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 Division 11.F.1 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 No saving provisions were provided when the relevant part of the Civil Aviation Regulation 1988 was revoked when Part 45 of CASR 1998 came into effect.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 to operate without the nationality mark and the first character of their registration mark provided that character is the letter “G” and the glider or sailplane is operating in Australian territory.
Legislative Instrument Act
Because the exemption affects the operation of regulation 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
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is of a minor or machinery nature and amends instrument CASA EX31/09.
The exemption commences on the day after it is registered and stops having effect at the end of 31 March 2011.
The exemption has been issued by a delegate of CASA appointed under regulation 11.260 of CASR 1998.
[Instrument CASA EX55/09]