Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 20.18 Amendment Order (No. 2) 2009
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 subregulation 5 (1) of CAR 1988, where CASA is empowered to issue certain instruments such as approvals or directions, it may do so in a Civil Aviation Order (CAO).
For subregulation 207 (2) of CAR 1988, CASA made CAO 20.18 setting out the approval and directions for aircraft instruments and equipment to meet basic operational requirements.
Background
ADS-B avionics is a new aircraft surveillance system using ground stations to receive radio signals that are transmitted by ADS-B-equipped aircraft. Using ADS-B avionics, an aircraft is able to broadcast its identity, position and velocity with a degree of accuracy, integrity and reliability that is at least as good as secondary surveillance radar (SSR). However, the installation of ADS-B ground stations is more economical than conventional radar stations. Hence, it provides the potential for a much greater geographical area – ultimately nationwide – to be covered by transmissions for surveillance by air traffic control (ATC), thereby enhancing the safety of air navigation.
Legislative Instruments Act
Under subregulation 5 (1) of CAR 1988, if CAR 1988 empowers CASA to issue instruments such as approvals or directions, CASA may do so in the form of CAOs. Under subsection 98 (5) of the Act, where regulations provide for an instrument to be issued in the form of a CAO, the CAO so made is a legislative instrument. The CAO amendment is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA had been undertaken with interested parties under the Notice of Proposed Rule Making when the substantive amendment was done. The current amendment is of a minor and machinery nature.
The Office of Best Practice Regulation does not require a Regulation Impact Statement because the amendment is of a minor or machinery nature.
The CAO amendment commences on the day after it is registered.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Order 20.18 Amendment Order (No. 2) 2009]