CASA EX82/16 - Exemption — standards for GNSS navigation equipment (National Jet Express Pty Ltd)

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

Legislation au F2016L00872 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — standards for GNSS navigation equipment (National Jet Express Pty Ltd)

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the safety of air navigation.

 

Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that a person must not use an Australian aircraft in a class of operation if it is not fitted with such instruments, or is not fitted with, or carrying such equipment, as CASA has approved and directed. Under regulation 5 of CAR 1988, where CASA may issue directions under CAR 1988, it may do so in the form of a Civil Aviation Order (CAO).

 

CAO 20.18 sets out directions issued by CASA under regulation 207 of CAR 1988 in relation to the instruments and equipment to be carried on board aircraft. Paragraph 9D.4 of CAO 20.18 requires aircraft that are first registered before 6 February 2014 and are engaged in regular public transport or charter operations under the instrument flight rules (the I.F.R.) to carry the serviceable equipment mentioned in subparagraph 9D.3 (c), (d) or (e), if global navigation satellite system (GNSS) equipment is installed on the aircraft on or after 6 February 2014.

 

Paragraph 9D.3 requires this GNSS equipment to meet the standards prescribed in paragraph 9D.9, which in turn requires the GNSS equipment to be of a type that is authorised in accordance with specified Technical Standard Orders of the Federal Aviation Administration of the United States of America or of the European Aviation Safety Agency ((E)TSOs). The (E)TSOs prescribed under paragraph 9D.9 for these purposes are
(E)TSO-C145( ), (E)TSO-C146( ) or (E)TSO-C196a, or a later version of those (E)TSOs as in force from time to time.

 

Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of a CAO in relation to matters affecting the safe navigation and operation of aircraft.

 

Regulation 11.205 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 1998 requires an exemption to be published on the Internet.

Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.

 

Background

National Jet Express Pty Ltd (the operator) operates a BAe 146-100 aircraft with nationality and registration marks VH-NJV and serial number E1002. The aircraft is currently equipped with a single GNS-XLS GNSS navigation system, which meets the TSO-C129 standard.

 

The operator intends to install a second GNS-XLS system into the aircraft, which would have significant safety and operational benefits for this aircraft. In addition, the installation of a GNS-XLS system would not require the substantial design changes required to fit other navigation systems.

 

However, the GNS-XLS system does not meet the requirements of the (E)TSO-C145( ), (E)TSO-C146( ) or (E)TSO-C196a standards prescribed under paragraph 9D.4 of CAO 20.18 for the installation of GNSS navigation systems. The operator has, therefore, requested an exemption from the requirements of paragraph 9D.4 of CAO 20.18 for the aircraft.

 

Instrument

CASA EX82/16 exempts a person using the aircraft from compliance with the requirement in paragraph 9D.4 of CAO 20.18 to carry GNSS equipment that meets (E)TSO-C145( ), (E)TSO-C146( ) or (E)TSO-C196a standards. The exemption is limited to the use of the BAe 146-100 aircraft with nationality and registration marks VH-NJV and serial number E1002 as prescribed in Schedule 1 of the instrument.

 

The exemption is subject to the condition that the aircraft must be included in the effectivity list for any GNSS navigation equipment modification instructions listed in the service bulletin issued by the manufacturer of the aircraft.

 

Legislation Act 2003 (the LA)

Under section 57A of the LA, an instrument is a legislative instrument for section 8 of the LA if it is declared to be a disallowable instrument under legislation in force before 1 January 2005.

 

Under regulation 5A of CAR 1988 (which was in force before 1 January 2005), if CASA has issued a CAO that is not an airworthiness directive, and CASA later issues an exemption that affects the operation of the CAO, the exemption is declared to be a disallowable instrument. This instrument affects the operation of paragraph 9D.4 of CAO 20.18.

 

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

This instrument has been issued at the request of the operator. CASA has consulted with the operator on the terms of the exemption and to review the relevant safety considerations associated with the exemption. Having regard to these circumstances, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LA.

 

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 for exemptions (OBPR id: 14507).

 

Making and commencement

The exemption has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on the day of registration and is repealed at the end of 30 April 2019.

 

[Instrument number CASA EX82/16]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Exemption — standards for GNSS navigation equipment (National Jet Express Pty Ltd)

 

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 persons using the specified BAe 146-100 aircraft operated by National Jet Express Pty Ltd (the operator) from compliance with paragraph 9D.4 of Civil Aviation Order 20.18.

 

Paragraph 9D.4 requires aircraft that are first registered before 6 February 2014 and are engaged in regular public transport, or charter, operations under the instrument flight rules to carry GNSS navigation equipment that meets (E)TSO-C145( ), (E)TSO-C146( ) or
(E)TSO-C196a standards in circumstances where GNSS equipment is installed on the aircraft on or after 6 February 2014.

 

The purpose of the instrument is to allow the operator and persons using the aircraft to continue to operate the aircraft after the installation of a second GNSS navigation system which does not meet the (E)TSO-C145( ), (E)TSO-C146( ) or (E)TSO-C196a standards. While the proposed second GNSS system does not meet these standards, the installation of the system will have significant safety and operational benefits for this aircraft.

 

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 were enacted to provide for the safety of aviation operations and to ensure compliance with international standards and recommended practices. The Civil Aviation Act 1988 empowered the Governor-General to make regulations for the safety of air navigation, and these regulations were established to implement this mandate. The problem or gap the regulations address is the need to ensure that all aviation operations in Australia meet stringent safety standards, particularly concerning the equipment and instruments used on aircraft. The Civil Aviation Safety Regulations 1998 provide the Civil Aviation Safety Authority (CASA) with the authority to issue directions, including through Civil Aviation Orders (CAOs), regarding the equipment and instruments that must be carried on board aircraft. The policy objective is to ensure that the safe navigation and operation of aircraft are maintained through the enforcement of these standards and directions. The regulations enable CASA to grant exemptions from these requirements under certain conditions, ensuring that safety is prioritised while accommodating specific operational needs.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA EX82/16, pertain to the operation of specific aircraft by National Jet Express Pty Ltd, allowing them to continue using their BAe 146-100 aircraft, registered as VH-NJV, with a GNSS navigation system that does not meet the prescribed (E)TSO-C145, (E)TSO-C146, or (E)TSO-C196a standards. This exemption applies solely to the aforementioned aircraft and is contingent on the aircraft being included in the effectivity list for any GNSS navigation equipment modification instructions listed in the service bulletin issued by the aircraft's manufacturer. The exemption is geographically limited to Australia and is applicable to the safe navigation and operation of the aircraft as overseen by the Civil Aviation Safety Authority (CASA). This exemption does not extend to other aircraft or operators and is subject to the conditions set out in the instrument, which includes the requirement to publish the exemption on the internet and the condition that the exemption is effective until 30 April 2019. The instrument is subject to disallowance in Parliament and is considered a legislative instrument under the Legislation Act 2003.

Key Provisions

The Civil Aviation Safety Regulations 1998 provide specific provisions governing the standards for GNSS navigation equipment, particularly for aircraft registered before 6 February 2014 and used for regular public transport or charter operations under instrument flight rules (IFR). Under subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988), it is mandatory for aircraft to be equipped with instruments and equipment approved and directed by the Civil Aviation Safety Authority (CASA). Paragraph 9D.4 of Civil Aviation Order (CAO) 20.18 further specifies that such aircraft must carry GNSS equipment meeting certain (E)TSO standards, namely (E)TSO-C145, (E)TSO-C146, or (E)TSO-C196a. However, CASA EX82/16 exempts the BAe 146-100 aircraft operated by National Jet Express Pty Ltd from this requirement. This exemption is limited to the specific aircraft with nationality and registration marks VH-NJV and serial number E1002. The exemption imposes certain obligations on the parties involved. The operator must ensure that the aircraft is included in the effectivity list for any GNSS navigation equipment modification instructions listed in the service bulletin issued by the aircraft's manufacturer. This requirement ensures that the aircraft remains compliant with safety standards despite the exemption. Furthermore, the exemption must be published on the Internet, as per regulation 11.225 of the Civil Aviation Safety Regulations 1998. The maximum duration of this exemption is three years, as outlined in subregulation 11.230(1). Failure to comply with the obligations imposed by the exemption conditions is a strict liability offence under regulation 11.210 of the Civil Aviation Safety Regulations 1998. The consequences of such non-compliance can include civil or criminal penalties. Although the exact penalties are not specified in the provided text, the seriousness of aviation safety regulations implies that penalties could be significant. The instrument is also subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislation Act 2003, adding another layer of oversight and accountability.

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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.