CASA EX78/14 - Repeal of CASA EX53/12 — display of navigation and anti-collision lights

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

Legislation au F2014L01228 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Repeal of CASA EX53/12 — display of navigation and anti-collision lights

 

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 shall 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 and 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).

 

Display of lights

Paragraph 3 of Appendix V to 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 (3) provides that unless CASA otherwise directs, an aeroplane in flight, or operating on the manoeuvring area of a land aerodrome, shall display, in addition to navigation lights, an anti-collision light consisting of a flashing red light.

 

Exemptions

Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA exempted U C Aviation Pty Ltd (the operator) from the provisions mentioned above requiring the display of lights.

 

Under subregulation 11.205 (1) of CASR 1998, CASA imposed conditions on the exemption that were necessary in the interests of the safety of air navigation.

 

The operator required the exemption for the conduct of covert surveillance operations in support of broader policing and customs work. Some of these operations require that external lights on the aircraft are turned off. The exemption permitted the operator to carry out the covert surveillance operation without displaying some of the required lights.

 

Legislative Instrument Act (the LIA)

For subsection 98 (5A) of the Act, CASA may issue instruments in relation to the matters affecting the safe navigation and operation or the maintenance of aircraft. 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 or aircraft. The exemption applied to a class of persons, being pilots in command of the operator’s aircraft. The exemption was, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003. It was registered in the Federal Register of Legislative Instruments.

 

Concern was expressed by an authority using the helicopters that registration of the instrument gave notice of the conduct of surveillance and covert operations which was contrary to the requirement to maintain secrecy in relation to those operations.

 

As a result, it was decided to replace the instrument with 2 instruments that would not apply to a class of persons, but would apply separately to the operator and the pilot of a helicopter engaged in covert and surveillance operations. As instrument CASA EX53/12 was no longer required, this instrument repealed it concurrently with the commencement of the 2 separate instruments.

 

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The instrument repeals an exemption requested for covert surveillance and customs work operations. A number of exemptions have been issued to operators for the same purpose.

 

Operations previously carried out under the repealed instrument can continue under the 2 new instruments. The same conditions apply.

 

In addition, while there was no general consultation, the Office of Parliamentary Counsel was asked for an opinion on the matter. While that opinion did not constitute legal advice, action was taken in accordance with an option that was suggested as possibly being available.

 

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 repeal of the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).

 

Making and commencement

The repeal of the exemption has been made by the Acting Director of Aviation of Safety, acting on behalf of CASA, under subsection 73 (2) of the Act.

 

The instrument commences on 1 October 2014. It expires on 2 October 2014, as if it had been repealed by another instrument

[Instrument number CASA EX78/14]

Attachment 1

Statement of Compatibility with Human Rights

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

Repeal of CASA EX53/12 — display of navigation and anti-collision lights

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 repeals an exemption (CASA EX53/12) which provided an exemption from provisions requiring the display of navigation and anti-collision lights.

 

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, amended by the repeal of CASA EX53/12, address a specific safety concern related to the display of navigation and anti-collision lights on aircraft used for covert surveillance operations. Enacted by the Civil Aviation Safety Authority (CASA) under the authority of section 98 of the Civil Aviation Act 1988, the regulation was introduced to ensure the safety of air navigation while accommodating the unique operational needs of certain surveillance activities. The original exemption allowed U C Aviation Pty Ltd to conduct covert operations without displaying some required lights, but it was repealed due to concerns that its registration revealed sensitive operational details. This repeal was implemented to maintain operational secrecy while ensuring compliance with safety standards, achieved through two separate instruments targeting specific operators and pilots rather than a broad exemption. The changes align with the policy objective of balancing operational necessity with the paramount safety of air navigation.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by F2014L01228, apply to all aircraft used in any class of operation within Australia, ensuring adherence to safety standards and the mandatory display of navigation and anti-collision lights as prescribed by the Civil Aviation Safety Authority (CASA). Specifically, these regulations mandate that Australian aircraft must be equipped with approved instruments and equipment, including emergency equipment, and must display the requisite lights during night operations or poor visibility conditions, as outlined in subregulations 207(2) and 195(1) of the Civil Aviation Regulations 1988. Exceptions to these requirements can be granted by CASA under specific conditions deemed necessary for air navigation safety, as per subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998. However, such exemptions are subject to strict conditions and must be registered under the Legislative Instrument Act 2003. In this instance, CASA repealed an exemption previously granted to U C Aviation Pty Ltd for covert surveillance operations, replacing it with two separate instruments to maintain the confidentiality of such operations. The repeal and replacement of CASA EX53/12, which allowed for the non-display of some lights during covert surveillance, was made to prevent the public disclosure of sensitive operations. The changes took effect from 1 October 2014 and were executed under the authority of the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) are fundamental in ensuring the safety and proper operation of aircraft within Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, and in the interests of air navigation safety. Subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988) mandates that Australian aircraft must be equipped with approved instruments and equipment, including emergency equipment, for use in any class of operation. Subregulation 5(1) of CAR 1988 further stipulates that the Civil Aviation Safety Authority (CASA) may provide approvals and directions through Civil Aviation Orders (CAOs). Specific to the display of lights, paragraph 3 of Appendix V to Civil Aviation Order 20.18 requires aircraft to have at least two landing lights, except in certain private, aerial work, and charter operations where one light is sufficient. Subregulation 195(1) of CAR 1988 requires the pilot in command and the operator to comply with rules concerning the display of lights at night or in poor visibility. Additionally, subregulation 196(3) mandates that aeroplanes in flight or on the manoeuvring area of a land aerodrome display an anti-collision light, unless otherwise directed by CASA. The CASR 1998 impose specific obligations on parties and entities governed by the Act. Subregulation 11.160(1) of CASR 1998 outlines that CASA can exempt certain operations from the general light display requirements, as was the case with U C Aviation Pty Ltd, which was granted an exemption for covert surveillance operations. However, subregulation 11.205(1) requires that such exemptions come with conditions necessary for the safety of air navigation. For the exempted operator, this meant conducting covert surveillance operations without displaying certain required lights, specifically to maintain secrecy. This exemption was registered as a legislative instrument under subsection 98(5A) of the Act, and thus subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instrument Act 2003. The repeal of CASA EX53/12, an instrument that allowed the exemption for covert surveillance operations, was enacted due to concerns about the registration of the instrument revealing sensitive operations. Consequently, CASA replaced the original exemption with two separate instruments applicable to the operator and the pilot of a helicopter engaged in covert and surveillance operations. There were no offences, penalties, or civil/criminal consequences directly associated with the repeal of CASA EX53/12, but the legislative instrument was repealed concurrently with the commencement of the new instruments. The repeal ensures that operations previously carried out under the exemption can continue under the new regulatory framework, with the same conditions applying. Furthermore, the legislative instrument is compatible with human rights, as indicated by the Statement of Compatibility with Human Rights, and no Regulation Impact Statement was required due to a standing agreement between CASA and the Office of Best Practice Regulation.

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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.