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]
Overview
The Civil Aviation Order 20.18 Amendment Order (No. 2) 2009 amends the Civil Aviation Order 20.18, which was originally enacted under the Civil Aviation Act 1988. This Act was introduced to address the need for comprehensive regulations concerning the safety of air navigation and the operation of aircraft within Australian airspace. The problem it aimed to address was the necessity for a robust framework to ensure that all aircraft operating within Australia adhere to stringent safety standards, thus preventing accidents and ensuring the smooth flow of air traffic. The amendment order was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. This legislative amendment reflects a commitment to enhancing the safety and efficiency of air navigation systems through the adoption of modern surveillance technologies, such as ADS-B avionics, which provide enhanced surveillance capabilities and improve the geographical coverage for air traffic control.
Scope and Application
The Civil Aviation Order 20.18 Amendment Order (No. 2) 2009 amends the Civil Aviation Order 20.18 concerning the approval and direction of instruments and equipment for aircraft. The amendment applies to all persons operating Australian aircraft in classes of operation specified in the Civil Aviation Regulations 1988. It mandates the use of approved and directed instruments and equipment to meet basic operational requirements, thereby ensuring the safety of air navigation. This applies to all aircraft operators within the Commonwealth of Australia, as the regulations are enforced by the Civil Aviation Safety Authority (CASA). The amendment does not introduce new exclusions or exemptions but reaffirms existing standards and procedures for the operational safety of aircraft. The authority to make such amendments is derived from the Civil Aviation Act 1988, which empowers CASA to issue Civil Aviation Orders under specific regulatory provisions. This legislative instrument is subject to parliamentary oversight, as it is considered a legislative instrument under the Legislative Instruments Act. The amendment comes into effect on the day following its registration, ensuring timely compliance for all affected aircraft operators.
Key Provisions
The Civil Aviation Order 20.18 Amendment Order (No. 2) 2009 amends the Civil Aviation Order 20.18, which pertains to the approval and direction of aircraft instruments and equipment as specified in subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988). This amendment is designed to incorporate the use of Automatic Dependent Surveillance-Broadcast (ADS-B) avionics in Australian aircraft operations. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations concerning the Act and the safety of air navigation. Subregulation 20.18(2) of CAR 1988 stipulates that an Australian aircraft must not be used in a class of operation unless it is equipped with instruments and equipment approved and directed by the Civil Aviation Safety Authority (CASA), focusing solely on ensuring the safety of air navigation.
The obligations imposed by this amendment require that all Australian aircraft used in the specified classes of operations must be fitted with ADS-B avionics to meet the new standards set out in the Civil Aviation Order 20.18. This includes ensuring that the aircraft’s ADS-B equipment is capable of broadcasting its identity, position, and velocity with accuracy and reliability at least equivalent to that of secondary surveillance radar (SSR). The regulations ensure that the use of ADS-B technology aligns with the safety standards required by CASA, thereby enhancing the overall safety of air navigation. The requirement also includes ensuring that the ADS-B avionics are properly installed and maintained to function correctly during all phases of flight.
Failure to comply with the requirements set out in the amended Civil Aviation Order 20.18 could result in significant legal consequences. Under subregulation 207(2) of CAR 1988, using an aircraft that is not fitted with the approved instruments and equipment could be considered an offence. The potential penalties for such an offence can include fines and other civil or criminal sanctions. While the specific penalties are not detailed within the text of the Civil Aviation Order 20.18 Amendment Order (No. 2) 2009, they would generally be in line with other regulatory breaches under the Civil Aviation Act 1988, which can include substantial fines and, in severe cases, imprisonment. The amendment is a legislative instrument subject to tabling and disallowance in Parliament, reflecting the importance of oversight and accountability in aviation safety regulations.