Explanatory Statement
Civil Aviation Regulations 1988
Exemption — navigation and anti-collision lights
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.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that an Australian aircraft must not be used in any class of operation unless it is fitted with such instruments, and is fitted with or carries such equipment, including emergency equipment, as the Civil Aviation Safety Authority (CASA) approves or directs.
Subregulation 5 (1) of CAR 1988 provides that whenever CASA is empowered by CAR 1988 to give directions or approvals, it may do so in Civil Aviation Orders (the CAOs).
Clause 3 of Appendix V of Civil Aviation Order 20.18 requires that aircraft must have 2 landing lights except when engaged in private and aerial work operations and charter operations not carrying passengers for hire and reward when it must have 1 light.
Subregulation 195 (1) of CAR 1988 requires that the pilot in command and the operator of an aircraft must comply with the rules requiring lights to be displayed in relation to the aircraft at night and in conditions of poor visibility.
Subregulation 196 (1A) of CAR 1988 provides that the operator and pilot in command of an aeroplane in flight, or operating on the manoeuvring area of a land aerodrome, must ensure that the lights, required by this regulation to be displayed on the aeroplane, are displayed.
Subregulation 196 (3) of CAR 1988 provides that unless CASA otherwise directs, an aeroplane in flight or operating on the manoeuvring area of a land aerodrome must display, in addition to navigation lights, an anti-collision light consisting of a flashing red light.
Aerorescue Pty Limited (the operator) already operates fast, sophisticated turboprop aircraft at 5 locations around Australia that are equipped with surveillance equipment that can detect personnel, aircraft, and marine craft a long distance from their position. The operator is currently contracted to the Australian Maritime Safety Authority to provide search and rescue capability nationally. The operator provides a perfect platform for covert surveillance. Some of these operations require that external lights on the aircraft are turned off. The exemption will permit the operator to carry out covert surveillance without displaying some of the required lights.
To mitigate against the risks associated with such operations, conditions have been imposed. The pilot in command and the operator must ensure that the ELTA radar system is operative.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an instrument made under subregulation 308 (1) to be a disallowable instrument. 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. The exemption is, therefore, a legislative instrument and 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 remakes instrument CASA EX30/08 by adding training for border protection, search and surveillance to the application provisions in the instrument. A similar instrument would be issued for operations of this nature to any operator who is able to meet all requirements.
The instrument commences on the day after it is registered and stops having effect at the end of 30 September 2009.
The exemption has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX66/08]