CASA EX71/20 — Display of Markings (Sailplanes) Exemption 2020

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

Legislation au F2020L00516 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA EX71/20 — Display of Markings (Sailplanes) Exemption 2020

 

Purpose

The purpose of CASA EX71/20 — Display of Markings (Sailplanes) Exemption 2020 (the instrument) is to enable the continued operation in Australian territory of all sailplanes registered on the Australian Civil Aircraft Register under Part 47 of the Civil Aviation Safety Regulations 1998 (CASR) without the aircraft displaying the Australian nationality mark “VH”.

 

For many sailplanes it is not possible to display the full markings due to the limited area available on the aircraft. Requiring the displaying of full markings on these aircraft would also have significant time and cost implications to the affected aircraft owners for no identifiable additional safety benefit.

 

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. Relevantly, the Governor-General has made CASR.

 

Under subregulation 45.055 (1) of CASR, the registration holder and the registered operator of an aircraft commit an offence if the aircraft is operated and a requirement that is prescribed by the Part 45 Manual of Standards and that applies to the aircraft is not met.

 

The Part 45 Manual of Standards prescribes requirements relating to the display of markings on an aircraft, including for sailplanes.

 

Subregulation 45.015 (1) of CASR defines markings, for an aircraft, as the Australian nationality mark and the aircraft’s registration mark, in that order, connected by a hyphen. Subregulation 45.015 (2) provides that a registered glider operating in Australian territory that has a registration mark beginning with “G” need not display the Australian nationality mark.

 

Subpart 11.F of CASR provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160 (1) of CASR provides that, for subsection 98 (5A) of the Act, the Civil Aviation Safety Authority (CASA) may grant an exemption from a provision of the regulations.

 

Under subregulation 11.160 (2), an exemption may be granted to a person or a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.160 (3), an exemption may be granted on application by a person or on CASA’s own initiative.

 

Under subregulation 11.175 (4) of CASR, in deciding whether to reissue an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety.

 

Regulation 11.205 of CASR provides that CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence not to comply with the obligations imposed by a condition.

 

Regulation 11.225 of CASR requires an exemption to be published on the Internet. Under subregulation 11.230 (1) of CASR, the maximum duration of an exemption is 3 years.

 

Background

The instrument renews, in substantially the same terms, instrument CASA EX49/18 that expired on 30 April 2020. The Explanatory Statement for instrument CASA EX49/18 stated that CASA proposed to amend Part 45 of CASR so that the exemption in section 4 of the instrument will not be required. CASA understands that these amendments will be included in upcoming amendments to the Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019. CASA anticipates that once those amendments are made, the exemption will no longer be required and will be repealed.

 

Overview of instrument

The effect of the instrument is to exempt the registration holder and operator of all sailplanes registered on the Australian Civil Aircraft Register under Part 47 of CASR from the CASR requirement to include the Australian nationality mark in the aircraft’s markings, if the aircraft’s registration mark begins with a character other than “G”.

 

CASA has assessed the impact on aviation safety of continuing to grant the exemption in section 4 of the instrument and is satisfied that it has no impact.

 

Content of instrument

Section 1 sets out the name of the instrument.

 

Section 2 sets out the duration of the instrument. The instrument commences on 1 May 2020 and will be repealed at the end of 30 April 2023.

 

Section 3 sets out the application of the instrument. The instrument applies to the registration holder and the registered operator of a sailplane that is registered on the Australian Civil Aircraft Register under Part 47 of CASR, is operating in Australian territory, and has a registration mark that begins with a character other than “G”.

 

Section 4 exempts the registration holder and registered operator of the sailplane from compliance with subregulation 45.015 (2) to the extent that the subregulation requires the registration holder and the registered operator to display the Australian nationality mark on the sailplane if the sailplane’s registration mark begins with a character other than “G”.

 

Legislation Act 2003 (the LA)

Paragraph 98 (5A) (a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation or the maintenance of aircraft. Additionally, paragraph 98 (5AA) (a) of the Act provides that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. The instrument exempts a class of persons from complying with the provisions in regulation 45.015 (2), being the registration holders and the registered operators of a sailplane. The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

The instrument is made in substantially similar terms to CASA EX49/18. The instrument is beneficial to industry and reflects the current arrangements. The instrument removes an unnecessary burden on registration holders and operators of sailplanes from having to include the Australian nationality mark on the sailplanes.

 

CASA is progressing the amendment of Part 45 of CASR in 2020 so that this exemption will not be required. In these circumstances, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required in this case as the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).

 

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 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, as it does not raise any human rights issues.

 

Making and commencement

The instrument is made by a delegate of CASA relying on the power of delegation under regulation 11.260 of CASR.

 

The exemption commences on 1 May 2020 and is repealed at the end of 30 April 2023.

Attachment 1

Statement of Compatibility with Human Rights

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

 

CASA EX71/20 — Display of Markings (Sailplanes) Exemption 2020

 

The 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 will allow sailplanes registered on the Australian Civil Aircraft Register under Part 47 of the Civil Aviation Safety Regulations 1998 to operate without the Australian nationality mark, whether or not the first character of the registration mark is the character “G”, when operating in Australian territory.

 

Human rights implications

The instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

The 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) were enacted to provide a comprehensive regulatory framework for civil aviation safety in Australia. The Civil Aviation Safety Authority (CASA) EX71/20 — Display of Markings (Sailplanes) Exemption 2020 was introduced to address the problem of impracticality and unnecessary cost associated with displaying full aircraft markings, specifically the Australian nationality mark “VH,” on sailplanes. Given the limited space on sailplanes, compliance with the existing requirements would be challenging and expensive, without providing any additional safety benefits. The exemption allows sailplanes registered on the Australian Civil Aircraft Register under Part 47 of CASR to operate in Australian territory without displaying the Australian nationality mark if their registration mark does not begin with “G.” This exemption is designed to alleviate the burden on sailplane owners while maintaining an acceptable level of aviation safety. The instrument was made by a delegate of CASA under the authority delegated by the Governor-General, pursuant to the Civil Aviation Act 1988. The policy objective of the exemption is to ensure the safety of air navigation and to remove unnecessary regulatory burdens where they do not contribute to enhanced safety outcomes.

Scope and Application

The CASA EX71/20 — Display of Markings (Sailplanes) Exemption 2020 is a legislative instrument that provides an exemption for sailplanes registered on the Australian Civil Aircraft Register under Part 47 of the Civil Aviation Safety Regulations 1998. It applies to the registration holders and registered operators of sailplanes that operate in Australian territory and have a registration mark that begins with a character other than "G". The instrument exempts these sailplanes from the requirement to display the Australian nationality mark, provided the sailplanes' registration marks begin with a character other than "G". The instrument is intended to facilitate the operation of sailplanes by alleviating the burden of displaying full markings, given the limited space available on these aircraft. The exemption is temporary, commencing on 1 May 2020 and being repealed at the end of 30 April 2023, unless further extended by CASA. The instrument is made under the authority granted by section 98 of the Civil Aviation Act 1988 and is subject to tabling and disallowance in Parliament as a legislative instrument under the Legislation Act 2003. It has been assessed as compatible with human rights, as it does not engage any applicable rights or freedoms, and no further consultation was deemed necessary as the instrument mirrors previous arrangements and CASA is progressing amendments to the Civil Aviation Safety Regulations 1998 that will eventually make the exemption unnecessary.

Key Provisions

The main operative sections of CASA EX71/20 — Display of Markings (Sailplanes) Exemption 2020 (CASA EX71/20) provide an exemption for sailplanes registered under Part 47 of the Civil Aviation Safety Regulations 1998 (CASR) from the requirement to display the Australian nationality mark "VH" (sections 3 and 4). This exemption applies to sailplanes operating in Australian territory with a registration mark that does not begin with the character "G". The instrument, which is a legislative instrument under the Legislation Act 2003, is designed to facilitate the continued operation of these sailplanes without the need to display the full markings, which would be impractical due to limited space on the aircraft and the associated costs and time implications. The obligations imposed by CASA EX71/20 on the parties it governs include the requirement that the registration holder and operator of the sailplanes must apply for and comply with the terms of the exemption. They must ensure that the sailplanes do not display the Australian nationality mark while operating in Australian territory, unless the registration mark begins with "G". Additionally, any conditions imposed by CASA as part of the exemption must be adhered to, and failure to comply with these conditions is an offence under CASR (section 11.210). CASA is also required to publish the exemption on the Internet (section 11.225), and the exemption can last for a maximum of three years (section 11.230). In terms of consequences for breach, CASA EX71/20 does not explicitly detail specific offences or penalties. However, under CASR, it is a strict liability offence not to comply with the obligations imposed by a condition of an exemption (regulation 11.210). The potential penalties for such offences would typically be prescribed in the Civil Aviation Act 1988 or other relevant legislation, but they are not specified in CASA EX71/20 itself. CASA's assessment of the impact on aviation safety is that granting this exemption has no impact, but the overarching legal framework ensures that any breach could lead to enforcement actions as per the applicable regulations.

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Administrative Law
Civil Aviation Law
Instrument
Regulation
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Definitions & Interpretation
Exemptions & Exclusions
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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.