Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — use of ADS-C separation minima
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor‑General may make regulations for the Act and the safety of air navigation.
Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may, by instrument, grant an exemption from compliance with a provision of CASR 1998. Under subregulation 11.160 (2), CASA may grant an exemption to a person or a class of persons. Under subregulation 11.205 (1), CASA may impose on an exemption any condition necessary in the interests of the safety of air navigation.
Under subregulation 172.065 (1) of CASR 1998, an ATS provider (a person approved to provide air traffic services) must ensure that any service is provided in accordance with the specified standards, including the standards set out in the Manual of Standards Part 172 — Air Traffic Services (the MOS).
The MOS contains requirements relating to the methods to be used in determining longitudinal distance separation using ADS-C. Under subsection 10.6.10.2, methods of determining longitudinal distance separation using ADS-C may include the use of system tools to measure the distance between the displayed positions of 2 or more FANS-1/A aircraft reporting by ADS-C, or when both aircraft are within a control area (CTA) — a comparison of the actual ADS-C report symbol of FANS-1/A aircraft with the position of another aircraft determined by an alternative form of position fixing, such as radar, ADS-B, voice or CPDLC reports. The reference to when both aircraft are within CTA in the MOS is a constraint on operational efficiency. Airservices Australia (AA), the ATS provider, may not be able to use the ADS-C separation when the aircraft involved are on either side of the boundary between the continental CTA and the Oceanic Control Area.
CASA has decided to issue this exemption to allow AA to operate with the ADS-C in a manner that assists with flight operational efficiency.
Legislative Instruments Act
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. Under regulation 11.215 of CASR 1998, an instrument granting an exemption is a disallowable instrument. 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 but the change has been assessed against the requirements of the International Civil Aviation Organization for use of ADS-C separation.
The instrument commences on the day after it is registered and stops having effect at the end of September 2011.
The exemption has been made by a delegate of CASA under subregulation 7 (1) of the Civil Aviation Regulations 1988.
[Instrument number CASA EX91/09]