CASA EX64/14 - Exemption — recent experience requirements (Qantas Airways Limited)

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

Legislation au F2014L01054 Not in force Legislative Instrument

Legislation content

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

 

Overview

The Civil Aviation Safety Regulations 1998 (CASR) empower the Civil Aviation Safety Authority (CASA) to issue exemptions from certain regulations to ensure the safety of air navigation, as mandated by the Civil Aviation Act 1988. A recent exemption, issued under the authority granted by section 98 of the Act, concerns the recent experience requirements for Qantas Airways Limited. This exemption, detailed in Civil Aviation Order 40.2.1, modifies the stringent recency requirements for instrument landing system (ILS) and localizer (LLZ) approaches in instrument meteorological conditions (I.M.C.), allowing pilots to use an approved cyclic training and proficiency program instead of meeting the traditional recency requirement of performing such approaches within the preceding 35 days. The exemption, which is subject to specific conditions set by CASA to safeguard air safety, was deemed necessary to reflect technological advancements and modern aircraft design that have simplified ILS approaches. This legislative instrument, subject to the Legislative Instruments Act 2003, is classified as a disallowable instrument and is subject to tabling and disallowance in the Parliament.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by Civil Aviation Order 40.2.1, generally require pilots holding a command instrument rating to perform certain instrument approaches within specific recency requirements to ensure air safety. However, the Civil Aviation Safety Authority (CASA) has issued an exemption for Qantas Airways Limited, allowing its pilots to meet recency requirements through an approved cyclic training and proficiency program instead of the specified recency requirements of paragraph 11.4 of CAO 40.2.1. This exemption applies to pilots in command of Qantas Airways Limited aircraft and is subject to conditions set by CASA to ensure the continued safety of air navigation. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. The exemption, issued as CASA EX64/14, commenced on 1 August 2014 and will expire at the end of July 2017 unless otherwise repealed. The instrument is compatible with human rights as it does not raise any human rights issues, as outlined in the Statement of Compatibility with Human Rights.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CAR 1998) set out certain recent experience requirements for pilots, particularly those operating in instrument meteorological conditions (IMC) using an instrument landing system (ILS) or localizer (LLZ) approach. Under subregulation 5.18(1), the Civil Aviation Safety Authority (CASA) has the power to issue directions in Civil Aviation Orders (CAOs) specifying these requirements. Specifically, paragraph 11.4 of CAO 40.2.1 states that a pilot with a command instrument rating must have performed an ILS or LLZ approach in IMC within the preceding 35 days to act as pilot in command under such conditions. The instrument issued under section 98(5A) of the Civil Aviation Act 1988 (the Act) provides an exemption to these recency requirements for pilots employed by Qantas Airways Limited (Qantas). This exemption allows Qantas to meet these requirements through its approved cyclic training and proficiency program, provided certain conditions are met. The obligations imposed by the exemption on Qantas and its pilots are stringent. Qantas must ensure that all pilots subject to the exemption participate in the approved cyclic training and proficiency program. This program must be designed and implemented to meet CASA's safety standards and include regular assessments and evaluations to verify that pilots maintain the necessary skills and proficiency. CASA retains the right to audit Qantas's program to ensure compliance with the conditions of the exemption. Failure to meet these obligations could result in CASA revoking the exemption, thereby subjecting the pilots to the standard recency requirements set out in CAO 40.2.1. Breaching the conditions of the exemption could lead to severe consequences, both civil and criminal. Under section 98(5A) of the Act, CASA may revoke the exemption if it determines that the conditions are not being met or that the exemption is no longer in the interest of air safety. Such a revocation would render the exemption null and void, and Qantas's pilots would be subject to the standard recency requirements. Additionally, under section 92 of the Act, CASA may impose fines or other penalties for non-compliance with the regulations or orders. The maximum penalties for these offences can be substantial, with fines potentially reaching tens of thousands of dollars, depending on the severity and circumstances of the breach. Furthermore, any incident resulting from non-compliance could lead to criminal charges, including imprisonment, under section 91 of the Act, further underscoring the seriousness of adhering to the conditions of the exemption.

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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.