CASA EX95/14 - Exemption — navigation and anti-collision lights (Redjet Aviation)

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

Legislation au F2014L01209 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation regulations 1988

Exemption — navigation and anti-collision lights (Redjet Aviation)

Section 98 of the Civil Aviation Act 1998 (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 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.

 

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 (1A) provides that the operator and pilot in command of an aeroplane in flight, or operating on the manoeuvring area of a land aerodrome, must ensure that the lights required by regulation 196 to be displayed on the aeroplane are displayed.

 

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 may grant an exemption from compliance with a provision of CASR 1998. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.210, it is an offence to fail to comply with a condition of an exemption.

 

Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Redjet Aviation Pty Ltd (the operator) conducts covert surveillance operations in support of broader policing and border protection. Some of these operations require that external lights on the aircraft are turned off. The exemption will permit the operator to carry out the covert surveillance operations without displaying some of the required lights. Mitigation factors have been put in place against the operational risks associated with relevant conditions, as set out in Schedule 1 of the instrument.

 

Legislative Instrument Act

Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order (CAO) and CASA later issues an exemption that affects the operation of the CAO, the later document is declared to be a disallowable instrument. The instrument affects the operation of paragraph 11.4 of CAO 40.2.1. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).

 

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is a new exemption requested by the operator for covert surveillance. A number of similar instruments have been issued for operations of this nature and any operator who is able to meet all requirements would be issued with a similar instrument. It is CASA’s view that further consultation would not be necessary or 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 instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).

 

Making and commencement

The exemption has been issued 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. It expires at the end of July 2017, as if it had been repealed by another instrument.

 

[Instrument number CASA EX95/14]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Exemption — navigation and anti-collision lights (Redjet Aviation)

 

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 exemption will permit Redjet Aviation (the operator) to carry out covert surveillance operations without displaying some of the required lights. The primary purpose of the exemption is to allow the operator to conduct covert surveillance operations in support of broader policing and border protection in which some operations may require that external lights on the aircraft are turned off.

 

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 (Exemption — Navigation and Anti-Collision Lights (Redjet Aviation)) Instrument 2014 was introduced to address the specific operational needs of Redjet Aviation, a company conducting covert surveillance operations in support of policing and border protection activities. The Instrument was enacted under the authority provided by section 98 of the Civil Aviation Act 1998, with the primary objective of ensuring the safety of air navigation while allowing for necessary exemptions in certain circumstances. The instrument was issued by the Civil Aviation Safety Authority (CASA), which operates under the oversight of the Australian Government and is responsible for regulating civil aviation safety. The policy objective of this exemption is to facilitate the covert operations of Redjet Aviation by allowing the temporary deactivation of certain navigation and anti-collision lights, which are crucial for maintaining safety during standard operations, while ensuring that all other safety measures and conditions are met to mitigate any associated risks.

Scope and Application

The exemption issued under the Civil Aviation Regulations 1988, pertains specifically to Redjet Aviation Pty Ltd, an entity engaged in covert surveillance operations supporting policing and border protection activities. This exemption allows the operator to conduct certain operations without displaying some of the required navigation and anti-collision lights, which would otherwise be mandatory under the Civil Aviation Regulations 1988. The exemption is granted under subregulation 11.160 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to exempt compliance with a regulation if it is necessary to preserve an acceptable level of safety. The exemption is subject to conditions outlined in Schedule 1 of the instrument, and it is published on the Internet in accordance with regulatory requirements. The exemption is subject to disallowance under the Legislative Instruments Act 2003 and is effective until the end of July 2017, or until it is repealed by another instrument. The exemption is compatible with human rights, as determined by a Statement of Compatibility with Human Rights attached to the instrument.

Key Provisions

The main operative sections of this legislation pertain to the exemption granted to Redjet Aviation for certain navigation and anti-collision lights. Section 98 of the Civil Aviation Act 1998 (the Act) allows the Governor-General to create regulations for the Act, specifically to ensure the safety of air navigation. Subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988) mandates that Australian aircraft must be equipped with CASA-approved instruments and equipment, including emergency equipment, before being used in any operation. Subregulation 195(1) and subregulation 196(1A) of CAR 1988 further require that the pilot in command and the operator must ensure that the required lights are displayed at night and during poor visibility. Subregulation 196(3) specifies that, unless otherwise directed by CASA, an aeroplane must display an anti-collision light in addition to the navigation lights. The obligations and requirements imposed by this Act and associated regulations on Redjet Aviation and other operators include compliance with the specified lighting requirements for safety, as detailed in CAR 1988. Operators must ensure that their aircraft are equipped with CASA-approved instruments and lighting equipment before use. The exemption granted under subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) allows Redjet Aviation to conduct covert surveillance operations without displaying certain lights, provided that specific safety measures are in place, as outlined in Schedule 1. CASA can impose conditions on such exemptions, and these conditions must be adhered to under subregulation 11.205(1) of CASR 1998. Failure to comply with the conditions of an exemption is an offence under regulation 11.210 of CASR 1998. The maximum penalties for such offences are not explicitly stated in the provided text but would typically align with the penalties for general non-compliance with aviation regulations, which can include fines and imprisonment. The exemption itself is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003, as it affects a Civil Aviation Order issued by CASA. The exemption will be published on the Internet and will cease to be in effect after three years unless otherwise specified, in accordance with subregulation 11.230(1) of CASR 1998.

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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.