Explanatory Statement
Civil Aviation Safety Regulations 1998
Repeal of CASA EX117/13 – exemption from standard take-off minima –Jetstar Airways
Legislation
The determination of standard meteorological minima for take-off and landing was made in instrument CASA 70/11. The minima are also set out in AIP En Route 1.5, section 4. If conditions are met, the minimum visibility for take-off inside or outside Australian territory is 550 metres. An exemption would be required to operate with lower minimum visibility (low‑visibility operations or LVO).
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including the Civil Aviation Regulations 1988, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Repealed exemption CASA EX117/13
The repealed exemption exempted B787-8 aeroplanes operated by Jetstar Airways Pty Limited (the operator) from compliance with the standard meteorological minima for take-off set out in instrument CASA 70/11.
CASA EX117/13 is no longer required as a new instrument, which is not legislative, has been issued in its place. Instruments of this sort are no longer considered legislative in nature because they do not apply to a class of aeroplanes or persons but to the aeroplanes operated by a single operator.
Consultation
Consultation has not been undertaken under section 17 of the Legislative Instruments Act 2003. The operator had applied for a reissue of the exemption. The new instrument will expand the scope of the exemption, by allowing reduced minima for take-offs and also allowing reduced visibility Category II landings. Following assessment of the operator’s flight crew training, procedures and equipment, CASA considers that the expansion is appropriate.
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 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 exemption has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
The instrument commences on the day of registration. It expires on the day after registration, as if it had been repealed by another instrument.
[Instrument number CASA EX80/14]
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 EX117/13 – exemption from standard take-off minima –
Jetstar Airways
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 instrument of exemption. The primary purpose of the repeal instrument was to allow aircraft to take-off using reduced visibility minima specified in the exemption.
The instrument of exemption has been replaced by another instrument which is not legislative in nature.
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