Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Safety Regulations 1998
Exemption — recent experience requirements (Qantas Airways Limited)
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.
Under subregulation 5.18 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions in Civil Aviation Orders (the CAOs) setting out the authority given by a flight crew rating, or grade of flight crew rating, and the limitations on that authority and the flight tests that must be passed, or any requirement that must be satisfied, before the authority may be exercised.
Instrument
CASA has issued a direction in Civil Aviation Order 40.2.1 (CAO 40.2.1). Paragraph 11.4 of CAO 40.2.1 provides that the holder of a command instrument rating must not carry out an instrument landing system (ILS) or localizer (LLZ) approach in instrument meteorological conditions (I.M.C.) as pilot in command of an aircraft unless, within the preceding 35 days, he or she has not performed in flight, or in an approved synthetic trainer, either 1 of those approaches.
The ILS recency requirements have been in place for many years. It has not taken into consideration technological advancements and aircraft design. Modern aircraft design has simplified ILS approaches.
The instrument exempts the holder of a command instrument rating from the requirement of paragraph 11.4 of CAO 40.2.1, in relation to having performed in flight, or in a synthetic trainer, either an ILS or LLZ approach in I.M.C. within the preceding 35 days. The exemption is subject to conditions which include the holder participating in the cyclic training and proficiency program of Qantas Airways Limited (the operator).
Legislative Instruments Act
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.
Under regulation 5A of CAR 1988, if CASA has issued a CAO and CASA later issues an exemption that affects the operation of the CAO, the later document is declared to be a disallowable instrument. The instrument affects the operation of paragraph 11.4 of CAO 40.2.1. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or the CAOs. 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. The exemption applies to a class of persons. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
At the request of the operator, this instrument is a renewal of a previous exemption, CASA EX74/11, for which consultation occurred and which ceased to have effect at the end of 31 July 2014. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).
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 the Civil Aviation Safety Regulations 1998.
The instrument commences on 1 August 2014. It expires at the end of July 2017, as if it had been repealed by another instrument.
[Instrument number CASA EX64/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — recent experience requirements (Qantas Airways Limited)
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 legislative instrument exempts pilots in command operating Qantas Airway Limited (the operator) aircraft from recency requirements prescribed in paragraph 11.4 of Civil Aviation Order 40.2.1. The primary purpose of the exemption is to allow the operator to use an approved cyclic training and proficiency program to satisfy its pilot’s recency requirements. The exemption is subject to conditions imposed by CASA in the interest of air safety.
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