Civil Aviation Order 20.18 Amendment Instrument 2016 (No. 2)

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

Legislation au F2016L01961 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Act 1988

Civil Aviation Order 20.18 Amendment Instrument 2016 (No. 2)

Purpose

The purpose of the instrument is to clarify the requirements for fitting particular kinds of transmission and navigation equipment to Australian registered aircraft.

 

Legislation

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

 

Under subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988), a person must not use an Australian aircraft in a class of operation if the aircraft is not fitted with the instruments and equipment approved and directed by CASA. In approving or directing, CASA may have regard only to the safety of air navigation.

 

Under regulation 5 of CAR 1988, if CASA is empowered to issue certain instruments such as approvals or directions, it may do so in a Civil Aviation Order (CAO).

 

Civil Aviation Order 20.18 (Aircraft equipment — basic operational requirements) Instrument 2014 (as amended) (CAO 20.18) sets out requirements for equipment and instruments to be fitted to Australian registered aircraft engaged in regular public transport, charter, aerial work or private operations.

 

Background

Paragraphs 9C.7 and 9C.9 of CAO 20.18 require aircraft first registered in Australia before a particular date, or on or after a particular date to have particular kinds of Mode S transponder equipment. The requirements came into effect on 14 January 2012 in accordance with the Civil Aviation Order 20.18 Amendment Instrument 2011 (No. 2).

 

The following provisions of CAO 20.18 require Australian registered aircraft to carry particular kinds of ADS-B, GNSS and Mode S transponder equipment, if the aircraft is first registered before a particular date, or on or after a particular date:

  • paragraph 9B.9
  • paragraph 9B.10
  • paragraph 9D.3
  • paragraph 9D.4
  • paragraph 9D.5
  • paragraph 9D.6
  • paragraph 9D.7
  • paragraph 9D.8
  • paragraph 9E.2.

 

These requirements came into effect on 23 August 2012 in accordance with the Civil Aviation Order 20.18 Amendment Instrument 2012 (No. 1). Subsequently, CASA received feedback from industry stakeholders that it is unclear about which requirements apply to what kind of aircraft.

 

The instrument

Item 1 of Schedule 1 to the instrument has the effect that the equipment requirements apply depending on when an aircraft is manufactured rather than when it is first registered in Australia. Using the date of manufacture to “trigger” the equipment requirements will better give effect to the intention that the equipment requirements are proportionate to, and consistent with, the age of the aircraft. The intended effect is that aircraft of similar type and vintage imported into Australia at different dates should be able to have similar equipment configurations. Alternatively, an aircraft imported into Australia after a particular date should not have to be “retro-fitted” with equipment if this equipment is not required for a similar aircraft imported into Australia at an earlier date.

 

Item 2 of Schedule 1 to the instrument is a consequential amendment that would remove the definition of “registered” from subsection 9D of CAO 20.18 because the term is no longer used in the subsection.

 

Legislative instrument

This instrument would amend CAO 20.18 which is a legislative instrument. Paragraph 10 (1) (c) of the Legislation Act 2003 provides that an instrument that includes a provision amending or repealing another legislative instrument is a legislative instrument. Accordingly, this instrument is a legislative instrument.

 

Consultation

Consultation for the original ADS-B, GNSS and Mode S fitment requirements took place under CASA Project AS 10/13. CASA published Notice of Proposed Rule Making (NPRM) 1103AS – Standards for Aircraft Mode S Transponders and minor changes to existing standards for Aircraft Automatic Dependent Surveillance – Broadcast (ADS-B) equipment on 7 October 2011. This NPRM was followed by NPRM 1105AS – CNS/ATM Plan for this decade – Aircraft avionics equipage mandates for satellite-based IFR navigation, Mode S/ADS-B transponders and forward fitment of TCAS II version 7.1 – on 31 January 2012 to invite public comment on the proposed aircraft avionics equipment mandates. Both NPRMs made reference to fitment requirements for new aircraft and existing aircraft according to several key dates.

 

The instrument would implement technical amendments to CAO 20.18 to clarify the original policy intention set out in the Civil Aviation Order 20.18 Amendment Instrument 2011 (No. 2) and Civil Aviation Order 20.18 Amendment Instrument 2012 (No. 1). The amendments are in response to industry feedback about uncertainty in relation to the operation of the provisions and would give better effect to the original policy intention. For these reasons, CASA has not undertaken further specific consultation in relation to this instrument.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

Regulation Impact Statement

For the changes made under NPRM 1103AS, the Office of Best Practice Regulation (OBPR) assessed the impacts of the proposed changes as minor and determined that a Regulation Impact Statement (RIS) was not required (OBPR ID: 13116).

 

For the changes made under NPRM 1105AS, CASA submitted a RIS to OBPR. The RIS received OBPR approval (Reference No. ID:13017).

 

Making and commencement

This instrument has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act. The instrument commences on the day after registration.

 

[Civil Aviation Order 20.18 Amendment Instrument 2016 (No. 2)]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Civil Aviation Order 20.18 Amendment Instrument 2016 (No. 2)

 

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

The purpose of the instrument is to clarify the requirements for fitting particular kinds of transmission and navigation equipment to Australian registered 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 Order 20.18 Amendment Instrument 2016 (No. 2) was enacted to clarify the requirements for fitting specific types of transmission and navigation equipment to Australian registered aircraft. This legislative instrument was introduced to address industry feedback about the uncertainty surrounding which equipment requirements apply to which kinds of aircraft. The instrument amends the Civil Aviation Order 20.18, which sets out the basic operational requirements for aircraft equipment, to ensure that the equipment requirements are proportionate to and consistent with the age of the aircraft. The instrument was made by the Acting Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988, and it commenced on the day after registration. The policy objective of this instrument is to provide greater clarity and ensure that aircraft of similar types and vintages have consistent equipment configurations, regardless of when they were first registered in Australia.

Scope and Application

The Civil Aviation Order 20.18 Amendment Instrument 2016 (No. 2) amends the Civil Aviation Order 20.18, which sets out the basic operational requirements for the equipment and instruments to be fitted to Australian registered aircraft. This includes aircraft engaged in regular public transport, charter, aerial work, or private operations. The instrument applies to all persons or entities operating Australian registered aircraft, irrespective of whether they are Australian citizens or foreign entities, and it applies to all aircraft that fall within the categories of regular public transport, charter, aerial work, or private operations. The instrument clarifies the requirements for fitting specific transmission and navigation equipment, such as ADS-B, GNSS, and Mode S transponder equipment, by aligning these requirements with the date of aircraft manufacture rather than the date of first registration in Australia. This change aims to ensure that aircraft of similar types and vintages, regardless of when they were imported into Australia, have consistent equipment configurations. The instrument does not introduce new substantive requirements but seeks to resolve ambiguities arising from industry feedback. The Civil Aviation Safety Authority (CASA) retains the authority to issue and amend these requirements through subordinate instruments, ensuring the continued safety and compliance of air navigation in Australia.

Key Provisions

The Civil Aviation Order 20.18 Amendment Instrument 2016 (No. 2) amends the Civil Aviation Order 20.18 to clarify the requirements for fitting transmission and navigation equipment to Australian registered aircraft. The key amendments are contained in Schedule 1 of the instrument. Item 1 of Schedule 1 changes the equipment requirements to apply depending on when an aircraft is manufactured rather than when it is first registered in Australia. This change is intended to make the equipment requirements proportionate to, and consistent with, the age of the aircraft. Item 2 of Schedule 1 removes the definition of “registered” from subsection 9D of CAO 20.18 as the term is no longer used in the subsection. The Civil Aviation Order 20.18 Amendment Instrument 2016 (No. 2) imposes obligations on aircraft owners and operators to ensure that their aircraft are fitted with the appropriate equipment depending on the aircraft's date of manufacture. Aircraft first manufactured before a particular date must have certain Mode S transponder equipment, while aircraft first manufactured on or after that date must have ADS-B, GNSS and Mode S transponder equipment. The instrument aims to provide clarity on which requirements apply to what kind of aircraft based on the date of manufacture. Failure to comply with the equipment requirements may result in non-compliance with subregulation 207(2) of the Civil Aviation Regulations 1988, which prohibits the use of an Australian aircraft in a class of operation if the aircraft is not fitted with the instruments and equipment approved and directed by CASA. The instrument does not create any new offences or penalties. However, failure to comply with the equipment requirements may result in CASA taking enforcement action against the aircraft owner or operator. This could include grounding the aircraft or taking legal action. The maximum penalties for offences under the Civil Aviation Act 1988 include fines of up to $222,200 for individuals and $1,111,000 for corporations, as well as imprisonment for up to five years. Additionally, the instrument does not contain any civil or criminal consequences for breach, but failure to comply with the equipment requirements may result in safety risks and potential harm to passengers, crew, and the general public.

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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.