Civil Aviation Order 82.1 Amendment Order (No. 1) 2007

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

Legislation au F2007L01689 Not in force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Act 1988

 

Civil Aviation Order 82.1 Amendment Order (No. 1) 2007

 

Purpose

The purpose of Civil Aviation Order 82.1 Amendment Order (No. 1) 2007 (the CAO amendment) is to ensure that new requirements in relation to the use of automatic dependent surveillance – broadcast transmitting equipment (ADS-B) apply, not only to Australian aircraft, but also, through their operators, to foreign aircraft in Australia engaged in charter operations or aerial work operations (the relevant foreign aircraft operators).

 

The new requirements apply to Australian aircraft by virtue of Civil Aviation Order 20.18 Amendment Order (No. 1) 2007. The CAO amendment commences at the same time as Civil Aviation Order 20.18 Amendment Order (No. 1) 2007 and operates by imposing on the relevant foreign aircraft operators the same requirements for ADS-B as are imposed on Australian aircraft operators by Civil Aviation Order 20.18 Amendment Order (No. 1) 2007.

 

Airservices Australia trial

Airservices Australia (AA) undertook a long-standing operational trial of ADS-B in airspace in the vicinity of Bundaberg, Queensland. The main objective of the trial was to confirm ADS-B performance and assess whether it was at least as good as secondary surveillance radar (SSR) in accuracy, integrity, availability and reliability.

 

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 and position with a degree of accuracy, integrity and reliability that is at least as good as 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 to be covered by transmissions for surveillance by air traffic control, thereby enhancing safety and efficiency.

 

Both AA and CASA are now satisfied that ADS-B avionics are at least as effective as SSR. As a result, AA has commenced the deployment of 28 ADS-B ground stations across Australia. Known as the ADS-B Upper Airspace Project (UAP), this deployment will provide for a continent-wide surveillance service above FL300, as well as significant coverage to lower levels particularly in the vicinity of those aerodromes where ground stations are installed.

 

In addition to substantial safety benefits stemming from radar-like surveillance of ADS-B equipped aircraft, UAP offers efficiency benefits in relation to airspace capacity and the ability to accommodate preferred routes and levels. These ADS-B surveillance services are available to any aircraft operator who chooses to equip their aircraft and train their crews for ADS-B. Many Australian and foreign registered airline aircraft have done so and are already receiving early ADS-B derived services utilising the first 5 ADS-B ground stations that are now operative.

 

CASA has implemented arrangements for ADS-B for Australian aircraft in the following way.

 

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 Civil Aviation Order 20.18 (CAO 20.18) setting out the approval and directions for aircraft instruments and equipment to meet basic operational requirements.

 

Civil Aviation Order 20.18 Amendment Order (No. 1) 2007 inserts a new subsection 9B into CAO 20.18 to provide approvals and directions for certain aircraft to carry ADS-B.

 

Under new paragraph 9B.2, ADS-B transmitting equipment carried by an Australian aircraft for operational use in any class of operation in Australia must comply with an approved equipment configuration set out in new Appendix XI of CAO 20.18, or as approved in writing by CASA.

 

Under new paragraph 9B.3, ADS-B transmitting equipment that does not comply must be deactivated before flight in Australia. Under new paragraph 9B.4, ADS-B transmitting equipment must transmit particular flight identification particulars.

 

New Appendix XI sets out the standards that ADS-B transmitting equipment must meet if it is to comply with the new requirements. Those standards are in conformity with the relevant ICAO standards and recommended practices.

 

Foreign aircraft

These requirements are applied to the relevant foreign aircraft operators in the following way.

 

Legislation

Under section 27 of the Act, CASA may issue Air Operators’ Certificates (AOCs) with respect to aircraft, for the purpose of safety regulation.

 

Under sections 27AB, 27AC and 27AD of the Act, applicants must, in particular circumstances, provide CASA with certain manuals and other information, and undertake proving flights, tests and demonstrations.

 

Under section 27AE of the Act, CASA may require an applicant for a foreign aircraft AOC to provide additional information.

 

Under section 28 of the Act, CASA must issue the AOC if satisfied that the applicant can comply with the requirements of Australian civil aviation safety legislation.

 

Under paragraph 28BA (1) (b) of the Act, an AOC has effect subject to any conditions specified in the regulations or the CAOs.

 

Part 82 of the CAOs specifies conditions on AOCs. Civil Aviation Order 82.1 (CAO 82.1) contains conditions on those AOCs that authorise charter operations or aerial work operations.

 

Subsection 5 of CAO 82.1 sets out obligations on operators who hold foreign aircraft AOCs for charter operations or aerial work in Australia.

 

The CAO amendment inserts a new paragraph 5.8 into CAO 82.1. This provides, in effect, that each relevant foreign aircraft operator must ensure that any of its aircraft that carry and use ADS-B equipment must do so in accordance with subsection 9B of Civil Aviation Order 20.18 Amendment Order (No. 1) 2007.

 

There is no requirement to carry ADS-B transmitting equipment that complies with the new standards — unless the equipment is to be put to operational use. Thus, if non‑complying equipment is carried it must be deactivated.

 

Legislative Instruments Act

Under subsection 98 (4A) of the Act, CAOs made for the purposes of section 28BA of the Act are declared to be disallowable instruments. 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. The CAO amendment 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 been undertaken with interested parties. A Notice of Proposed Rule Making (NPRM) for the carriage and use of ADS-B avionics in Australia was published by CASA on 17 November 2006. Copies of the draft CAO amendment were included and public comment invited. The NPRM proposed operational and technical standards supporting the voluntary fitment of ADS-B equipment in Australian aircraft, and in foreign-registered aircraft operating into Australia.

 

Most of the respondents to the NPRM supported the CASA proposals. CASA took all comments into account and used a number of them to fine-tune its proposals for final rule-making. The Notice of Final Rule-Making, including the final version of the CAO amendment, was published by CASA on the website on 19 April 2007.

 

Regulation Impact Statement

The Office of Best Practice Regulation does not require preparation of a Regulation Impact Statement in this case because a preliminary assessment of business compliance costs in the context of the nature of the instrument indicates that the amendment will have only a low impact on business.

 

Commencement and making

The CAO amendment takes effect on the day after it is registered. It 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 82.1 Amendment Order (No. 1) 2007]

Overview

The Civil Aviation Order 82.1 Amendment Order (No. 1) 2007 was introduced to ensure the new requirements for the use of automatic dependent surveillance-broadcast (ADS-B) transmitting equipment are applied uniformly to both Australian aircraft and foreign aircraft operators in Australia engaged in charter or aerial work operations. This amendment to the Civil Aviation Order (CAO) was enacted by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988. The primary objective is to standardise the implementation of ADS-B technology across the aviation sector in Australia, enhancing safety and surveillance capabilities. ADS-B technology, which has been trialled and proven effective by Airservices Australia, allows aircraft to broadcast their identity and position with high accuracy, thereby improving air traffic control and contributing to overall aviation safety. The amendment was made following consultations with industry stakeholders and public consultation, with a majority of respondents supporting CASA's proposals. The Civil Aviation Order amendment introduces specific requirements for ADS-B equipment for both Australian and foreign aircraft operators, ensuring that such equipment, if used operationally, must comply with specified standards. This approach not only enhances the safety and efficiency of air navigation in Australia but also aligns Australian aviation standards with international best practices. The amendment is subject to parliamentary disallowance under the Legislative Instruments Act 2003, reflecting the legislative oversight necessary for such significant safety regulations.

Scope and Application

The Civil Aviation Order 82.1 Amendment Order (No. 1) 2007 applies to the operations of both Australian and foreign aircraft within Australian airspace, specifically targeting those engaged in charter operations or aerial work. This amendment ensures that both Australian aircraft and foreign aircraft operators, when conducting charter or aerial work operations within Australia, adhere to the new requirements for the use of automatic dependent surveillance-broadcast (ADS-B) transmitting equipment. The amendment is designed to mandate that these aircraft must equip their ADS-B systems according to the approved standards outlined in the Civil Aviation Order 20.18 Amendment Order (No. 1) 2007, ensuring the equipment is activated only if it meets the specified criteria. This legislative action extends across the Australian jurisdiction, imposing a uniform standard of safety and surveillance across all relevant aircraft operations. The scope of this amendment is not limited by geographic boundaries within Australia but encompasses all charter and aerial work operations involving foreign aircraft entering Australian airspace. It does not exclude any specific types of aircraft or operations but rather applies uniformly to ensure the safety and efficiency of air navigation. The amendment is subject to disallowance under the Legislative Instruments Act 2003, indicating its legislative status and the potential for parliamentary scrutiny. The consultation process involved public feedback on a Notice of Proposed Rule Making, which helped refine the final regulations. The amendment comes into effect on the day after its registration, reinforcing the commitment to timely implementation of safety measures in civil aviation.

Key Provisions

The Civil Aviation Order 82.1 Amendment Order (No. 1) 2007 (the CAO amendment) introduces new requirements for the use of Automatic Dependent Surveillance-Broadcast (ADS-B) transmitting equipment in Australia. The key provisions of this amendment are contained in sections that modify Civil Aviation Order 82.1 (CAO 82.1). Specifically, paragraph 5.8 has been added to CAO 82.1, which mandates that foreign aircraft operators conducting charter operations or aerial work operations in Australia must ensure their aircraft comply with the ADS-B requirements outlined in Civil Aviation Order 20.18 Amendment Order (No. 1) 2007 if they use ADS-B equipment for operational purposes. These requirements are designed to ensure that ADS-B equipment used in Australia meets specific safety standards, aligning with those required for Australian aircraft. The CAO amendment imposes several obligations on the relevant foreign aircraft operators. Firstly, they must ensure that any ADS-B transmitting equipment carried by their aircraft for operational use complies with the approved equipment configuration set out in new Appendix XI of CAO 20.18, or is approved in writing by the Civil Aviation Safety Authority (CASA). If the equipment does not meet these standards, it must be deactivated before flight. Furthermore, ADS-B transmitting equipment must transmit specific flight identification particulars. These obligations are intended to maintain a uniform standard of safety and operational reliability across all aircraft using ADS-B technology within Australia, regardless of whether the aircraft is registered domestically or internationally. Failure to comply with the ADS-B requirements set out in the CAO amendment may result in civil or criminal consequences. Although the explanatory statement does not specify particular offences, non-compliance with regulations under the Civil Aviation Act 1988 could lead to enforcement actions by CASA. Potential penalties for non-compliance with civil aviation regulations can include fines and other administrative penalties. The severity of these penalties would depend on the nature and extent of the non-compliance, as well as any resultant safety risks. CASA has the authority to take appropriate action to ensure compliance and uphold the safety standards required by Australian civil aviation legislation.

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Area of Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards
Enforcement Powers
Catchwords
ADS-B
Air Operators’ Certificates (AOCs)

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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.