Civil Aviation Order 95.32 Amendment Instrument 2026

Explanatory Statement

Civil Aviation Safety Regulations 1998

Civil Aviation Order 95.10 Amendment Instrument 2026

Civil Aviation Order 95.55 Amendment Instrument 2026

Purpose

Pursuant to subsection 15J(4) of the Legislation Act 2003 (the LA), this Explanatory Statement relates to the following instruments:

(a) Civil Aviation Order 95.10 Amendment Instrument 2026 (the CAO 95.10 Amendments), which amends Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2024 (CAO 95.10);

(b) Civil Aviation Order 95.32 Amendment Instrument 2026 (the CAO 95.32 Amendments), which amends Civil Aviation Order 95.32 (Exemptions from CAR and CASR — Powered Parachutes and Weight-shift-controlled Aeroplanes) Instrument 2024 (CAO 95.32);

(c) Civil Aviation Order 95.55 Amendment Instrument 2026 (the CAO 95.55 Amendments), which amends Civil Aviation Order 95.55 (Exemptions from CAR and CASR — Certain Light Sport Aircraft, Lightweight Aeroplanes and Ultralight Aeroplanes) Instrument 2024 (CAO 95.55)

(the 3 instruments).

The purpose of the 3 instruments is to set out a standard procedure for authorising pilots of the types of sport and recreational aircraft that are mentioned in CAOs 95.10, 95.32 and 95.55 to operate at controlled aerodromes and in controlled airspace. This is an alternative to the current arrangements, which are inconsistent between pilots of different types of sport and recreational aircraft, and also require such pilots to obtain qualifications under Part 61 of the Civil Aviation Safety Regulations 1998 (CASR).

Broadly speaking, the 3 instruments will allow Recreational Aviation Australia Limited (RAAus) to oversee the training, assessment and certification or authorisation of pilots of various sport and recreational aircraft to operate at controlled aerodromes and in controlled airspace, provided the pilots meet certain standards, endorsed by RAAus, that are equivalent to some of the standards set out in Part 61 of CASR, and standards that are the same as those in CASA EX01/24 — Flight Crew Medical Status (Class 5 Medical Self-declaration) Exemption 2024 (CASA EX01/24). CASA EX01/24 sets out a process for completing an online medical self-assessment as an alternative to the existing classes of medical certificates that pilots are required to hold under Part 61 of CASR, all of which have historically been issued only after a medical assessment by a medical practitioner under Part 67 of CASR.

In order to maintain consistency, the 3 instruments insert substantially identical provisions into CAOs 95.10, 95.32 and 95.55, including provisions that mirror the provisions and definitions in CASA EX01/24. The amendments in the 3 instruments are intended as an interim measure until the Part 103 Manual of Standards (Part 103 MOS) is made.

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made CASR and the Civil Aviation Regulations 1988 (CAR).

Under paragraph 98(5A)(a) of the Act, the regulations may empower CASA to issue instruments in relation to aviation safety. Subparts 11.F and 11.G of CASR empower the issue of instruments of exemption and direction. Each of CAO 95.10, CAO 95.32 and CAO 95.55 is an instrument so empowered and is comprised of exemptions, directions and conditions.

Exemptions

Subpart 11.F of CASR provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160(1) of CASR provides that, for subsection 98(5A) of the Act, the Civil Aviation Safety Authority (CASA) may grant an exemption from compliance with a provision of the regulations.

Under subregulation 11.160(2) of CASR, an exemption may be granted to a person or a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

Under subregulation 11.160(3) of CASR, an exemption may be granted on application by a person or on CASA’s own initiative.

Under subregulation 11.170(3) of CASR, in deciding whether to grant an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA has regard to the same test when deciding whether to grant an exemption on its own initiative.

Regulation 11.205 provides that CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence (with a maximum penalty of 50 penalty units) not to comply with the obligations imposed by a condition.

Regulation 11.225 of CASR requires an exemption to be published on the internet. Under subregulation 11.230(1), the maximum duration of an exemption is 3 years.

CAOs 95.10, 95.32 and 95.55

Each of CAOs 95.10, 95.32 and 95.55 grants exemptions from various provisions of CASR and CAR in relation to specified types of sport and recreational aircraft (as defined in each CAO), if they are listed with a sports aviation body. Sports aviation body is defined in CASR to include certain specified aviation bodies (e.g. Gliding Federation of Australia) and includes an approved self-administering aviation organisation (ASAO). In CAO 95.10, the specified aircraft are microlight aeroplanes. In CAO 95.32, the specified aircraft are a single-place or two-place powered parachute or a single-place or two-place weight-shift-controlled aeroplane. In CAO 95.55, the specified aircraft are light sport aircraft (experimental or production), lightweight aeroplanes and ultralight aeroplanes.

Each of CAOs 95.10, 95.32 and 95.55 contains conditions for flying the specified types of sport and recreational aircraft, including requirements for when the aircraft may be flown in Class A, B, C or D airspace (controlled airspace), but not in relation to operating on the ground at a controlled aerodrome. These requirements include holding the relevant flight review rating and medical certificates under Parts 61 and 67 of CASR.

CASA EX01/24

CASA EX01/24 sets out a procedure for certain pilots, and applicants for a pilot licence, to complete an online medical self-assessment for the purpose of holding a pilot licence under Part 61 of CASR and conducting certain activities in an aircraft. This procedure is an alternative to the requirements under Part 67 of CASR to be assessed by a medical practitioner and obtain a class 1 or 2 medical certificate or a recreational aviation medical practitioner’s certificate. Accordingly, CASA EX01/24 grants exemptions from the relevant provisions of Part 61 and Part 67 of CASR, provided the conditions in CASA EX01/24 are met.

Documents incorporated by reference

Under subsection 14(1) of the LA, a legislative instrument may make provision in relation to matters by applying, adopting or incorporating provisions of an Act or disallowable legislative instrument as in force at a particular time or as in force from time to time. A legislative instrument may also make provision in relation to matters by applying, adopting or incorporating any matter contained in any other instrument or writing as in force at, or before, the time the legislative instrument commences. Under subsection 14(2) of the LA, unless the contrary intention appears, the legislative instrument may not make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. However, subsection 98(5D) of the Act provides that, despite section 14 of the LA, a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. Under subsection 13(1) of the LA, subsection 33(3) applies to legislative instruments as if each provision of the instrument were a section of an Act.

Background

CASA has applied varying, inconsistent approaches to permit pilots to operate sport and recreational aircraft at controlled aerodromes and in controlled airspace. When this has been permitted, it has generally required the pilot to hold parallel Part 61 qualifications, including medical certificates. For example, sailplane pilots have had a longstanding ability to fly in controlled airspace subject to completing particular training from the Gliding Federation of Australia. For some, but not all, pilots of other sport and recreational aircraft, exemptions have been in place for several years to allow limited operations, such as sport and recreational flying training, to be conducted at some controlled aerodromes and their associated controlled airspace.

Sport aviation bodies and pilots have raised concerns around the limitation preventing sport and recreational aircraft from operating at controlled aerodromes and in controlled airspace, particularly in light of the reclassification of some airspace at and around Ballina aerodrome, that is currently accessible to sport and recreational aircraft.

In response to these concerns, CASA developed a set of policies to guide its implementation of logically consistent controlled airspace and controlled aerodrome access for sport and recreational pilots operating under RAAus. Part of this consistency involved requiring such pilots to, at a minimum, obtain a record of class 5 medical self-declaration (using a procedure like that set out in CASA EX01/24) as a basis for operating in controlled airspace or at a controlled aerodrome, as an alternative to obtaining a medical certificate under Part 67 of CASR.

While a controlled aerodrome and controlled airspace access policy for all ASAOs is expected to be implemented over the longer term through the Part 103 MOS, the 3 instruments provide an interim approach for RAAus pilots in light of the reclassification of Ballina airspace. Until the Part 103 MOS is made, sport and recreational aviation will continue to be regulated under a series of Civil Aviation Orders (CAOs) and exemptions. CASA has determined that the amendments contained in the 3 instruments will not have a negative impact on aviation safety.

Overview of instruments

The 3 instruments insert substantially identical provisions into CAOs 95.10, 95.32 and 95.55, to allow RAAus to oversee the training, assessment and certification or authorisation of pilots to operate the relevant types of sport and recreational aircraft in controlled airspace or at a controlled aerodrome. RAAus may authorise or certify pilots to conduct such operations, provided the pilots meet the medical requirements set out in Part 67 of CASR or complete an online medical self-assessment, with the same procedure and conditions as those set out in CASA EX01/24, and qualification and proficiency standards endorsed by RAAus and equivalent to the standards set out in Part 61 of CASR. Additionally, the relevant aircraft must meet equipment requirements equivalent to those set out in the Part 91 (General Operating and Flight Rules) Manual of Standards 2020 (the Part 91 MOS).

The 3 instruments insert mirror provisions from CASA EX01/24 into CAOs 95.10, 95.32 and 95.55, to extend the medical self-assessment procedures set out in that instrument to eligible pilots of the relevant types of sport and recreational aircraft.

Documents incorporated by reference

Because the 3 instruments insert substantially identical provisions into CAOs 95.10, 95.32 and 95.55, each instrument incorporates the following documents as in force from time to time:

CASA EX11/25 — Medical Certification (Basic Class 2 Medical Certificate) Exemption 2025 – freely available to view or download at <https://www.legislation.gov.au/F2025L00270>
Guidelines – Medical Assessment for Aviation – freely available to view or download on CASA’s website at <https://casa.gov.au>
Assessing fitness to drive for commercial and private vehicle drivers, 6th edition, 2022 –freely available by searching for the publication title on the Austroads Publications page, located at <https://austroads.gov.au/publications>
RAAus exposition – in accordance with the definition of the term exposition in the CASR Dictionary, the RAAus exposition is incorporated from time to time and is the proprietary, intellectual and commercial property of RAAus, which applies only to RAAus and its personnel, and RAAus is under an obligation to make the exposition available to personnel who have obligations under the exposition.

Provisions that enable the collection and use of personal information

Provisions that enable the collection and use of personal information and the type of information that may be collected

Several provisions of the 3 instruments provide for CASA to collect certain personal information from RAAus pilots who wish to obtain a record of class 5 medical self‑declaration, as an alternative to other medical certification, so as to take advantage of the exemptions created by the 3 instruments.

The information-collection provisions in the 3 instruments are identical and set out in the 3 instruments under the heading “Completing the online self-assessment of medical fitness process” at:

new paragraph 10B.2 of CAO 95.10, inserted by clause 10 of Schedule 1 to the CAO 95.10 Amendments
new paragraph 8C.2 of CAO 95.32, inserted by clause 10 of Schedule 1 to the CAO 95.32 Amendments
new paragraph 9B.2 of CAO 95.55, inserted by clause 14 of Schedule 1 to the CAO 95.55 Amendments

(the information-collection provisions).

The information-collection provisions set out the steps involved in a person successfully completing the online self-assessment of medical fitness process, and require the person to make full and accurate disclosures of health matters, and to make certain declarations about their medical history, and specifically refer to certain health information, summarised as follows:

(a) the state of the person’s health generally;

(b) their past and current medical conditions;

(d) medications and substances that the person may be taking;

(e) changes in health, medical conditions, symptoms or medications or substances taken or used since last seeing a medical practitioner.

Information may also be collected under the conditions for medical self-declaration, which are identical and set out under the heading “Conditions — pilots holding current record of class 5 medical self-declaration only” at:

new subsection 10C of CAO 95.10, inserted by clause 10 of Schedule 1 to the CAO 95.10 Amendments
new subsection 8D of CAO 95.32, inserted by clause 10 of Schedule 1 to the CAO 95.32 Amendments
new subsection 9C of CAO 95.55, inserted by clause 14 of Schedule 1 to the CAO 95.55 Amendments

(the self-declaration conditions).

Under the self-declaration conditions, if a person has successfully completed an online assessment of their own medical fitness, and CASA has acknowledged their completion by giving them a record of class 5 medical self-declaration, it is a condition that the person must notify CASA if:

(a) they have a medically significant condition that has lasted for more than 60 days and that impairs their ability to conduct a solo flight, take a flight test or exercise the privileges of their licence; or

(b) they have had a private driver licence refused or cancelled on the grounds that they do not comply with the required medical standards or have failed to undergo a required medical examination; or

(c) they have been clinically diagnosed with a disqualifying medical condition or are regularly taking or using a disqualifying medication or substance; or

(d) they are experiencing problematic use of a substance; or

(e) the person knows, or has reasonable grounds to believe, that they have a medically significant condition that has lasted for more than 30 days and that impairs their ability to conduct a solo flight, take a flight test or exercise the privileges of their licence.

Why the provisions that enable the collection and use of personal information are considered necessary and appropriate

The collection of information relating to an applicant under the 3 instruments is necessary for CASA to perform its function (conferred by section 9 of the Act) of conducting the safety regulation of civil air operations in Australian territory and the operation of Australian aircraft outside Australian territory. The information that must be collected by CASA relates to health matters that would affect an applicant’s ongoing ability to conduct a solo flight, take a flight test or exercise the privileges of their pilot certificate. The information is collected by CASA to achieve the legitimate objective of ensuring that pilots meet certain medical standards in order to protect aviation safety.

The 3 instruments do not create standalone powers for CASA to collect information, instead, they establish alternatives to various provisions of CAOs 95.10, 95.32 and 95.55 which require pilots to be assessed by a medical professional and hold medical certification under Part 67 of CASR in order to conduct a flight under RAAus within controlled airspace.

The 3 instruments allow certain RAAus pilots who have successfully completed an online assessment of their own medical fitness and been given a record of class 5 medical self‑declaration relief from obligations they would otherwise have under CAOs 95.10, 95.32 and 95.55 to be assessed by a medical practitioner and to obtain a class 1 medical certificate, a class 2 medical certificate, a specific medical exemption or a recreational aviation medical practitioner’s certificate, all of which involve being examined by a medical practitioner or allied health professional. The requirements to provide health information in the instrument are not more onerous than those that apply to pilots who undertake medical assessment and obtain a medical certificate under Part 61 or 67 of CASR.

The collection of information is necessary in each particular circumstance under the 3 instruments. The nature of a scheme which provides for self-assessment of medical fitness necessitates the collection of health information about the person undertaking the self‑assessment and the use of that information to audit and enforce the self-assessment process.

The safeguards in place to protect personal information

CASA has safeguards in place to protect the confidentiality of the information collected under the provisions of the instrument that engage the right to protection of privacy (namely, the information-collection provisions and the self-declaration conditions).

CASA has the following processes to protect the relevant personal information:

(a) all medical information is held in CASA’s Medical Records System (MRS);

(b) MRS is “locked down” to prevent unauthorised viewing or editing: the system is available for use only by internal staff who require access to undertake medical assessments or related administrative tasks or to validate medical information;

(c) Designated Aviation Medical Examiners (DAMEs) also have access to MRS, however, they can only view files that relate to the specific applicant who they are examining;

(d) MRS is accessed externally via the myCASA portal which uses two-factor authentication to enter, that is, myID.

When an application is made to complete the online self-assessment of medical fitness process, and obtain a record of class 5 medical self-declaration, the applicant is provided with a privacy declaration about the processes that CASA has in place to protect the relevant personal information in their application records, which the applicant is required to accept as part of the online self-assessment process. At the time the instrument establishing the online self-assessment process, CASA EX01/24, was made, the privacy declaration included the following words:

CASA will store the application records in an individual medical file within its Medical Records System. CASA employs security controls to ensure information within these files is only accessed by officers of CASA’s Aviation Medicine Branch and by any relevant designated aviation medical examiner.

The application records may be provided to other CASA personnel who reasonably require them, such as employees of Legal, International and Regulatory Affairs or Flight Crew Licensing. Where the records raise medical issues, CASA may disclose them to external medical specialists for a review of those issues. It may also disclose them to recreational aviation administration organisations to facilitate their responsibilities for overseeing sport and recreation aviation activities.

The declaration refers to CASA disclosing information to recreational aviation administration organisations. The type of information disclosed would, in most cases, be in general terms, for example, that a specified person had completed the online self-assessment of medical fitness process, without disclosing what was declared, or that a specified person had surrendered their record of medical self-declaration, without specifying the medical diagnosis that gave rise to the surrender. Also, CASA will generally not disclose information relating to a person, either to an external medical specialist or to a recreational aviation administration organisation, without the consent of the person.

As a Commonwealth government agency, CASA must comply with the Privacy Act 1988 (the Privacy Act), which establishes a privacy protection framework that protects the information collected from persons seeking the benefit of the exemption and limits its use and disclosure. CASA must also comply with the Privacy (Australian Government Agencies — Governance) APP Code 2017 (the Privacy Code). In each case the relevant information is “personal information”, within the meaning of section 6 of the Privacy Act and is “health information” within the meaning of section 6FA of that Act (which defines health information to mean, among other things, information, or an opinion about the health of a person, including an illness, disability, or injury (at any time)). The information is also “sensitive information”, which is defined in section 6 of the Privacy Act to include health information about an individual.

The obligations under the Privacy Act include obligations to comply with the Australian Privacy Principles set out in Schedule 1 to the Privacy Act. In particular, Australian Privacy Principle 3 prohibits CASA from collecting sensitive information about an individual unless the individual consents to the collection of the information and either the information is reasonably necessary for, or directly related to, one or more of CASA’s functions or activities or the collection of the information is required or authorised by or under an Australian law. The 3 instruments satisfy those preconditions. Participation in the self-assessment process and any subsequent disclosure of health information of an individual under the 3 instruments is by consent of that individual. The 3 instruments require a person seeking to rely on the permissions in the instruments to provide only information relevant to their continued fitness to conduct solo flights, undertake flight tests or exercise the privileges of their licence, which is required by CASA so that it may perform its function of conducting the safety regulation of civil air operations in Australian territory and the operation of Australian aircraft outside Australian territory.

There are also safeguards set out in policy. CASA’s Privacy Policy – Directive, effective from October 2023 to October 2026, deals with CASA’s collection, holding, use and disclosure of personal information, including sensitive information, and requires CASA officers to ensure compliance with applicable privacy laws, including the Privacy Act, with the CASA privacy policy available on CASA’s website, which outlines CASA’s personal information handling practices and complaint handling process, and with the Privacy Code. Under CASA’s privacy policy, CASA will take reasonable steps to ensure that any personal information it collects and uses is up-to-date, complete, and secure.

Content of instrument

A detailed description of the provisions of the CAO 95.10 Amendments is set out in Appendix 1.

A detailed description of the provisions of the CAO 95.32 Amendments is set out in Appendix 2.

A detailed description of the provisions of the CAO 95.55 Amendments is set out in Appendix 3.

Legislation Act 2003

Paragraph 10(1)(d) of the LA provides that an instrument will be a legislative instrument if it includes a provision that amends or repeals another legislative instrument. Each of the 3 instruments amends a Civil Aviation Order (CAO) that was registered as a legislative instrument and is, therefore, also a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

Sunsetting

Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the 3 instruments, because they relate to aviation safety and are made under CASR (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015).

In this case, the 3 instruments amend their respective CAOs and are almost immediately spent and repealed in accordance with the automatic repeal provisions in section 48A of the LA. CAOs 95.10, 95.32 and 95.55 will each be repealed at the end of 1 December 2027 by virtue of the terms of subsection 3 of each CAO. Thus, in practice, no sunsetting avoidance issues arise and there is no impact on parliamentary oversight.

Consultation

CASA has consulted extensively on the policy contained in the 3 instruments. In 2024, CASA conducted public consultation on the policy and, subsequently, conducted further targeted consultation with RAAus and other ASAOs. The result of the consultation was significant support for the policy from ASAOs and pilots of sport and recreational aircraft. CASA also conducted targeted consultation with RAAus in relation to the wording of the 3 instruments.

CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.

Sector risk, economic and cost impact

Subsection 9A(1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A(3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c), CASA must:

(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and

(b) take into account the differing risks associated with different industry sectors.

The cost impact of a standard refers to the direct cost (in the sense of price or expense) which a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.

The economic and cost impact of the instrument has been determined by:

(a) the identification of individuals and businesses affected by the instrument; and

(b) consideration of how the requirements to be imposed on individuals and businesses under the instrument will be different compared to existing requirements; and

(c) a valuation of the impact, in terms of direct costs on individuals and businesses affected by the instrument to comply with the different requirements. This valuation is consistent with the principles of best practice regulation of the Australian Government; and

(d) a valuation of the impact the different requirements would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly; and

(e) consideration of community impacts, beyond those direct impacts on individuals and businesses affected by the instrument, that are relevant if the instrument were to result in flow-on effects to other aviation businesses, or local non-aviation businesses that experience a change in their activity due to the instrument.

The requirements of the 3 instruments apply to RAAus and pilots (including student pilots) of the sport and recreational aircraft mentioned in CAOs 95.10, 95.32 and 95.55. Pilots have indicated that the 3 instruments will have a positive impact on them or their operations, in that it will reduce administrative costs and enable pilots who conduct training to offer extended training opportunities in relation to flying in controlled airspace or at a controlled aerodrome. While the 3 instruments expand the administrative responsibilities of RAAus, this is merely an extension of functions that RAAus is already performing to new categories of pilots. RAAus has indicated its willingness and capacity to extend these functions and supports the 3 instruments.

Impact on categories of operations

The 3 instruments are likely to have a beneficial effect on sport and recreational aviation activities and related pilots and businesses by easing the administrative requirements for pilots of the aircraft mentioned in CAOs 95.10, 95.32 and 95.55 and enabling wider access to operations, and training for operations, in controlled airspace or at a controlled aerodrome.

Impact on regional and remote communities

The 3 instruments are likely to have beneficial effect on the regional communities in which the relevant sport and recreational aviation activities will be held because it will lead participants in, and spectators of, the activities to visit those communities. In particular, it will have a beneficial impact on the community around Ballina aerodrome as the 3 instruments will allow sport and recreational aviation activities to continue to be carried out there.

Office of Impact Analysis (OIA)

An Impact Analysis (IA) is not required in this case, as the exemption is covered by a standing agreement between CASA and OIA under which an IA is not required for exemptions (OIA reference number: OIA23-06252).

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Appendix 4 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Making and commencement

The 3 instruments have been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73(2) of the Act.

The 3 instruments commence on the day after they are registered and are automatically repealed in accordance with section 48A of the LA.

Appendix 1

DETAILS OF:

Civil Aviation Order 95.10 Amendment Instrument 2026

1 Name of instrument

This section names the instrument.

2 Commencement

Under this section, the instrument commences on the day after it is registered.

3 Amendment of Civil Aviation Order 95.10

Under this section, Schedule 1 amends Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2024.

Schedule 1 Amendment

[1] Subsection 5, the Note

This item adds the following definitions to the Note that refers to terms defined in the Act and regulations: authorised person, aviation safety radio frequency, flying training, inoperative.

[2] Paragraph 5.1

This item inserts numerous definitions into CAO 95.10. Some relate to the new procedures for RAAus to authorise flights in controlled aerospace or at a controlled aerodrome while others relate to online medical self-assessment procedure and replicate definitions used in CASA EX01/24.

The following are some significant terms in relation to the new procedures for RAAus to authorise flights in controlled aerospace or at a controlled aerodrome:

Part 61-equivalent controlled aerodrome endorsement, in relation to a pilot authorisation, means an endorsement issued by RAAus in accordance with requirements that are, under the RAAus exposition, equivalent to the standards for:

(a) a controlled aerodrome endorsement issued under Part 61 of CASR; and

(b) a flight radio endorsement issued under Part 61 of CASR.

Part 61-equivalent controlled airspace endorsement, in relation to a pilot authorisation, means an endorsement issued by RAAus in accordance with requirements, under the RAAus exposition, equivalent to the standards for:

(a) a controlled airspace endorsement issued under Part 61 of CASR; and

(b) a flight radio endorsement issued under Part 61 of CASR.

pilot authorisation applicant means a person who has applied to RAAus for the grant of a pilot authorisation (whether or not the person has applied after a pilot authorisation they held was cancelled).
RAAus means Recreational Aviation Australia Limited.
RAAus appointed person, in relation to the inspection of a record of class 5 medical self-declaration, means a person who:

(a) is appointed by RAAus in its capacity as an ASAO to perform an approved function on its behalf; and

(b) has duties and responsibilities, set out in the RAAus exposition for an appointed person, conducting audits or surveillance in relation to an approved function of RAAus mentioned in section 20 or 21 of the Part 149 Manual of Standards.

RAAus restricted pilot means a person who:

(a) holds a student pilot certificate, a converting pilot certificate or a pilot certificate, issued by or under the delegated authority of RAAus; and

(b) is authorised to fly a solo flight by a person approved by RAAus, in accordance with the RAAus exposition, to carry out flying training.

The following are some significant terms in relation to the online medical self‑assessment process, which are the same as in CASA EX01/24, except for the cross‑references within the instrument:

Aviation Medical Guidelines is defined to mean the document entitled Guidelines – Medical Assessment for Aviation, published by CASA, as in force from time to time. A note makes it clear to the reader that, at the commencement of the instrument, the 1st edition (dated December 2023) of the Guidelines was available to view or download on CASA’s website at <https://casa.gov.au>.
online self-assessment of medical fitness process is defined to mean the process described in subsection 10B.
record of class 5 medical self-declaration is defined to mean the document given to a person by CASA to acknowledge that the person has successfully completed the online self-assessment of medical fitness process.
renewal date, in relation to a person’s record of class 5 medical self-declaration, means the date specified in the record as the date when the self-declaration ends (unless the person has been earlier required to surrender the self-declaration). The renewal date will generally be 5 years after the date of successful completion of the online self‑assessment process. However, for pilots over 40 years old, or with a conditional driver licence (including those who develop a disqualifying medical condition), a period of 2 years applies. For pilots 75 years old and over, an annual renewal is required.
successfully completed the online self-assessment of medical fitness process has the meaning given by new subsection 10B.

[3] After paragraph 5.6

This item adds a new paragraph 5.7, replicated from CASA EX01/24, that is an interpretive provision to clarify what is meant by a reference to a medical condition in the Order.

[4] Sub-subparagraph 9(e)(ii), the Note

This item removes a Note on the basis that the information in the Note is no longer current.

[5] Sub-subparagraph 10.1(h)(ii)

This item substitutes a new sub-subparagraph 10.1(h)(ii), which specifies that a relevant aircraft under the Order may be flown in Class A, B, C or D airspace or a restricted area, subject to conditions in paragraph 10.2 (which is being omitted by this instrument). New sub-subparagraph 10.1(h)(ii) adds a reference to a controlled aerodrome, and to new subsection 10A (which contains the new conditions).

[6] Paragraph 10.2

This item omits paragraph 10.2, which sets out conditions for flights in Class A, B, C or D airspace or a restricted area. Conditions for such flights are set out in new subsection 10A.

[7] Sub-subparagraph 10.3(a)(ii), after “operations manual”

This item inserts a change to reflect that under CASR, an ASAO has an exposition rather than an operations manual.

[8] Paragraph 10.4, after “relevant aircraft”

This item inserts an exception into paragraph 10.4 to the effect that a relevant aircraft that complies with new paragraph 10A.3, in relation to the fitting and operation of surveillance equipment, does not have to comply with paragraph 10.4 (which requires that the aircraft comply with subsection 9B of CAO 20.18). In effect, aircraft operating in Class A, B, C or D airspace, or a controlled aerodrome, or a restricted area, are required to comply with the relevant Part 91 MOS automatic dependent surveillance-broadcast requirements as required by this CAO 95.10 amendment, rather than the older CAO 20.18 requirements. To avoid unnecessary regulatory changes, aircraft under CAO 95.10 operating outside these airspaces and not at controlled aerodromes are required to continue complying with the older CAO 20.18.

[9] Paragraph 10.5, after “relevant aircraft”

This item inserts an exception into paragraph 10.5 to the effect that a relevant aircraft that complies with new paragraph 10A.3, in relation to the fitting and operation of SSR transponder equipment, does not have to comply with paragraph 10.5 (which requires that the aircraft comply with subsections 9BA, 9C and 9E of CAO 20.18). In effect, aircraft operating in Class A, B, C or D airspace, or a controlled aerodrome, or a restricted area, are required to comply with the relevant Part 91 MOS SSR transponder requirements as required by this CAO 95.10 amendment, rather than the older CAO 20.18 requirements. To avoid unnecessary regulatory changes, aircraft under CAO 95.10 operating outside these airspaces and not at controlled aerodromes are required to continue complying with the older CAO 20.18.

[10] After subsection 10

This item inserts new subsection 10A, which sets out the new conditions for flights at controlled aerodromes, Class A, B, C or D airspace and restricted areas.

New paragraph 10A.1 provides that. for sub-subparagraph 10.1(h)(ii), a person must not operate a relevant aircraft at a controlled aerodrome, or in Class A, B, C or D airspace or a restricted area, unless the requirements of paragraphs 10A.2 to 10A.7 are met.

New paragraph 10A.2 sets out requirements relating to the certificate of airworthiness for the relevant aircraft.

New paragraph 10A.3 sets out equipment requirements for a relevant aircraft, which require that: the aircraft be fitted with a radio capable of two-way communication with air traffic control; the aircraft complies with the requirements of subsection 26.01(3) and Division 26.16 of the Part 91 MOS in relation to the fitting and operation of surveillance equipment; and that the pilot in command of a relevant aircraft complies with the relevant requirements of Division 26.16 of the Part 91 MOS. The requirements in subparagraph 10A.3(b) are subject to the variations set out in new subsection 10A.8.

New paragraph 10A.4 requires that a pilot in command of a relevant aircraft must hold a current certificate or record of one of the following kinds:

(a) an Aviation Medical Certificate (Basic Class 2);

(b) a class 1 medical certificate;

(d) a record of class 5 medical self-declaration;

(e) a recreational aviation medical practitioner’s certificate.

New paragraph 10A.5 sets out further requirements for pilots in command of a relevant aircraft, which are that they must:

(a) if the pilot is a RAAus restricted pilot — in relation to English language proficiency, be authorised or qualified to transmit on an aviation safety radio frequency in accordance with the RAAus exposition; and

(b) if the pilot is not a RAAus restricted pilot — have a current aviation English language proficiency assessment; and

New paragraph 10A.6 sets out further requirements for pilots in command of a relevant aircraft in relation to operating at a controlled aerodrome, which are that they must:

(a) hold a pilot licence with an aircraft category rating, the valid privileges of which include operating at a controlled aerodrome, and have a valid flight review for the aircraft’s class rating under Part 61 of CASR; or

(b) hold a Part 61-equivalent controlled aerodrome endorsement; or

(c) be undertaking one of the following activities in accordance with the requirements specified in, or authorised by or under, the RAAus exposition:

(i) flying training for a pilot authorisation;

(ii) taking a flight test for a pilot authorisation;

(iii) meeting the aeronautical experience requirements for a pilot authorisation.

New paragraph 10A.7 sets out further requirements for pilots in command of a relevant aircraft in relation to operating in Class A, B, C, D airspace or a restricted area, which are that they must:

(a) hold a pilot licence with an aircraft category rating, the valid privileges of which include operating in controlled airspace, and have a valid flight review for the aircraft’s class rating under Part 61 of CASR; or

(b) hold a Part 61-equivalent controlled airspace endorsement; or

(c) be undertaking one of the following activities in accordance with the requirements specified in, or authorised by or under, the RAAus exposition:

(i) flying training for a pilot authorisation;

(ii) taking a flight test for a pilot authorisation;

(iii) meeting the aeronautical experience requirements for a pilot authorisation.

New paragraph 10A.8 sets out variations for the purposes of subparagraph 10A.3(b). The variations are that specified provisions of the Part 91 MOS apply as if the references in the provisions to an “approved Mode S transponder” were references to an “approved transponder”.

New subsections 10B and 10C set out the procedures and conditions for the online assessment of medical fitness process, replicating the procedure set out in CASA EX01/24.

New subsection 10B sets out the steps involved in a person successfully completing the online self-assessment of medical fitness process, which include the following:

applying to CASA online and including with that application all the information required by the approved form or by the instrument
declaring that they have read and understood the Aviation Medical Guidelines provided to them and that they have referred to them in the process of completing the online self-assessment of their medical fitness
passing an online medical knowledge check
declaring that they have referred to and followed medical guidance
making full and accurate disclosure of certain health matters existing at the time of the self-assessment, including:

the state of the person’s health generally; and
the medical conditions, or symptoms of possible medical conditions, that the person is aware of having (if any); and
the medical treatment they have received during the 2 years before the self‑assessment; and
the medications or substances (if any) that the person has taken or used in the last 2 years; and
any change in health, medical conditions, symptoms or medications or substances taken or used (if any) since last seeing a medical practitioner.

New subsection 10C sets out conditions for pilots holding a current record of class 5 medical self-declaration who propose to fly at a controlled aerodrome, or in Class A, B, C, D airspace or a restricted area (a relevant flight). The conditions are that:

new paragraph 10C.2 — the pilot must not fly unless they have not been required to surrender their record, and the flight is before the renewal date for their record
new paragraph 10C.3 — the pilot must notify CASA within 30 days if:

the renewal date for their record has passed, or
if they know, or have reasonable grounds to believe, that they have a medically significant condition that impairs their ability to fly a relevant flight and that condition has lasted for more than 30 days; or
they have a private driver licence refused or cancelled on the grounds that they do not comply with the required medical standards or have failed to undergo required medical examination; or
they are clinically diagnosed with a disqualifying medical condition or are regularly taking or using a disqualifying medication or substance; or
they are experiencing problematic use of a substance

new paragraph 10C.4 — the pilot must surrender their record of class 5 medical self-declaration to CASA as soon as practicable if:

the renewal date specified in their record of class 5 medical self-declaration has passed; or
the pilot is required to notify CASA of any of the matters in paragraph 10C.3

new paragraph 10C.5 — the pilot must not fly unless medically fit, such that the pilot must not fly if the pilot:

knows that they have a medically significant condition that impairs their ability to fly a relevant flight; or
has reasonable grounds to believe that they have a medically significant condition that impairs their ability to fly a relevant flight

new paragraph 10C.6 — the pilot must cease any relevant flight they are conducting if:

there are any changes in their health circumstances which may affect their ability to continue to conduct the flight or may otherwise have an impact on aviation safety; or
any issue arises in flight that causes them to have reduced capacity to control the aircraft for any period, or to change the flight plan, such as land early, divert or change altitude

new paragraph 10C.8 — the pilot must notify CASA within 30 days if they know or have reasonable grounds to believe that they have a medically significant condition that impairs their ability to conduct a flight in an aircraft and that condition has lasted for more than 30 days
new paragraph 10C.9 — a pilot who needs correcting lenses must not fly a relevant flight unless they have acceptable correcting lenses available for use and a spare pair of spectacles for each pair of correcting lenses that the person requires
new paragraph 10C.10 — the pilot must carry their record of class 5 medical self‑declaration and produce it for inspection on the request of an authorised person (as defined in the CASR Dictionary), or certain RAAus personnel.

[11] Paragraph 12.1, after “subsection 9, 10 or 11”

This item amends paragraph 12.1 to clarify that CASA’s power under subsection 12 of CAO 95.10 to approve a variation to conditions specified in CAO 95.10 does not include varying the conditions contained in subparagraph 10.1(h) of CAO 95.10, which means CASA cannot approve under subsection 12 any variations to the conditions specified in subsection 10A, 10B or 10C.

[12] After subsection 13

This item inserts a savings provision in relation to approvals granted by CASA under subsection 12, that specify that any of subparagraphs 10.2(a), (b), (c) or (e) (which are being repealed by this instrument) are not to apply in respect of a proposed flight.

New subparagraph 14.3(a) provides that approvals that specify subparagraph 10.2(a) (as in force immediately before the commencement of this instrument) does not apply in respect of a proposed flight, continue in force under the same terms and conditions.

New subparagraph 14.3(b) provides that approvals that specify subparagraph 10.2(b), (c) or (e) (as in force immediately before the commencement of this instrument) does not apply in respect of a proposed flight, continue in force under the same terms and conditions, until the earlier of:

(a) the repeal date set out in the approval; or

(b) 12 months after the commencement date.

Appendix 2

DETAILS OF:

Civil Aviation Order 95.32 Amendment Instrument 2026

1 Name of instrument

This section names the instrument.

2 Commencement

Under this section, the instrument commences on the day after it is registered.

3 Amendment of Civil Aviation Order 95.32

Under this section, Schedule 1 amends Civil Aviation Order 95.32 (Exemptions from CAR and CASR — Powered Parachutes and Weight-shift-controlled Aeroplanes) Instrument 2024.

Schedule 1 Amendment

[1] Subsection 5, the Note

This item adds the following definitions to the Note that refers to terms defined in the Act and regulations: authorised person, aviation safety radio frequency, flying training, inoperative.

[2] Paragraph 5.1

This item inserts numerous definitions into CAO 95.32. Some relate to the new procedures for RAAus to authorise flights in controlled aerospace or at a controlled aerodrome, while others relate to online medical self-assessment procedure and replicate definitions used in CASA EX01/24.

The following are some significant terms in relation to the new procedures for RAAus to authorise flights in controlled aerospace or at a controlled aerodrome:

Part 61-equivalent controlled aerodrome endorsement, in relation to a pilot authorisation, means an endorsement issued by RAAus in accordance with requirements that are, under the RAAus exposition, equivalent to the standards for:

(a) a controlled aerodrome endorsement issued under Part 61 of CASR; and

(b) a flight radio endorsement issued under Part 61 of CASR.

Part 61-equivalent controlled airspace endorsement, in relation to a pilot authorisation, means an endorsement issued by RAAus in accordance with requirements, under the RAAus exposition, equivalent to the standards for:

(a) a controlled airspace endorsement issued under Part 61 of CASR; and

(b) a flight radio endorsement issued under Part 61 of CASR.

pilot authorisation applicant means a person who has applied to RAAus for the grant of a pilot authorisation (whether or not the person has applied after a pilot authorisation they held was cancelled).
RAAus means Recreational Aviation Australia Limited.
RAAus appointed person, in relation to the inspection of a record of class 5 medical self‑declaration, means a person who:

(a) is appointed by RAAus in its capacity as an ASAO to perform an approved function on its behalf; and

RAAus restricted pilot means a person who:

(a) holds a student pilot certificate, a converting pilot certificate or a pilot certificate, issued by or under the delegated authority of RAAus; and

(b) is authorised to fly a solo flight by a person approved by RAAus, in accordance with the RAAus exposition, to carry out flying training.

The following are some significant terms in relation to the online medical self‑assessment process, which are the same as in CASA EX01/24, except for the cross‑references within the instrument:

Aviation Medical Guidelines is defined to mean the document entitled Guidelines – Medical Assessment for Aviation, published by CASA, as in force from time to time. A note makes it clear to the reader that, at the commencement of the instrument, the 1st edition (dated December 2023) of the Guidelines was available to view or download on CASA’s website at <https://casa.gov.au>.
online self-assessment of medical fitness process is defined to mean the process described in subsection 8C.
record of class 5 medical self-declaration is defined to mean the document given to a person by CASA to acknowledge that the person has successfully completed the online self-assessment of medical fitness process.
renewal date, in relation to a person’s record of class 5 medical self-declaration, means the date specified in the record as the date when the self-declaration ends (unless the person has been earlier required to surrender the self-declaration). The renewal date will generally be 5 years after the date of successful completion of the online self‑assessment process. However, for pilots over 40 years old, or with a conditional driver licence (including those who develop a disqualifying medical condition), a period of 2 years applies. For pilots 75 years old and over, an annual renewal is required.
successfully completed the online self-assessment of medical fitness process has the meaning given by new subsection 8C.

[3] After paragraph 5.2

This item adds a new paragraph 5.3, replicated from CASA EX01/24, that is an interpretive provision to clarify what is meant by a reference to a medical condition in the Order.

[4] Subparagraph 8.1K(b)

This item substitutes a new subparagraph 8.1K(b), which specifies that a relevant aircraft under the Order may be flown in Class A, B, C or D airspace or a restricted area, subject to conditions in subsection 8B. New subparagraph 8.1K(b) adds a reference to a controlled aerodrome.

[5] Paragraph 8.6, after “relevant aircraft”

This item inserts an exception into paragraph 8.6 to the effect that a relevant aircraft that complies with new paragraph 8B.3 in relation to the fitting and operation of surveillance equipment does not have to comply with paragraph 8.6 (which requires that the aircraft comply with subsection 9B of CAO 20.18). In effect, aircraft operating in Class A, B, C or D airspace, or a controlled aerodrome, or a restricted area, are required to comply with the relevant Part 91 MOS automatic dependent surveillance-broadcast requirements as required by this CAO 95.32 amendment, rather than the older CAO 20.18 requirements. To avoid unnecessary regulatory changes, aircraft under CAO 95.32 operating outside these airspaces and not at controlled aerodromes are required to continue complying with the older CAO 20.18.

[6] Paragraph 8.7, after “relevant aircraft”

This item inserts an exception into paragraph 8.7 to the effect that a relevant aircraft that complies with new paragraph 8B.3 in relation to the fitting and operation of surveillance equipment does not have to comply with paragraph 8.7 (which requires that the aircraft comply with subsection with subsections 9BA, 9C and 9E of CAO 20.18). In effect, aircraft operating in Class A, B, C or D airspace, or a controlled aerodrome, or a restricted area, are required to comply with the relevant Part 91 MOS SSR transponder requirements as required by this CAO 95.32 amendment, rather than the older CAO 20.18 requirements. To avoid unnecessary regulatory changes, aircraft under CAO 95.32 operating outside these airspaces and not at controlled aerodromes are required to continue complying with the older CAO 20.18.

[7] Subsection 8B, heading

This item amends the heading to subsection 8B to include a reference to controlled aerodromes.

[8] Paragraph 8B.1

This item substitutes new paragraph 8B.1 to provide that, for the purposes of paragraph 8.1K, a person must not operate a relevant aircraft at a controlled aerodrome, or in Class A, B, C or D airspace or a restricted area, unless the requirements of paragraphs 8B.2 to 8B.7 are met.

[9] Subparagraphs 8B.3(b) to (d)

This item substitutes new subparagraphs 8B.3(b) to (d) to require that the relevant aircraft complies with the requirements of subsection 26.01(3) and Division 26.16 of the Part 91 MOS in relation to the fitting and operation of surveillance equipment and that the pilot in command of a relevant aircraft complies with the relevant requirements of Division 26.16 of the Part 91 MOS.

[10] After paragraph 8B.3

This item inserts new paragraphs 8B.4 to 8B.8 which set out the new conditions for flights at controlled aerodromes, Class A, B, C or D airspace and restricted areas.

New paragraph 8B.4 requires that a pilot in command of a relevant aircraft must hold a current certificate or record of one of the following kinds:

(a) an Aviation Medical Certificate (Basic Class 2);

(b) a class 1 medical certificate;

(d) a record of class 5 medical self-declaration;

(e) a recreational aviation medical practitioner’s certificate.

New paragraph 8B.5 sets out further requirements for pilots in command of a relevant aircraft, which are that they must:

(b) if the pilot is not a RAAus restricted pilot — have a current aviation English language proficiency assessment; and

New paragraph 8B.6 sets out further requirements for pilots in command of a relevant aircraft in relation to operating at a controlled aerodrome, which are that they must:

(b) hold a Part 61-equivalent controlled aerodrome endorsement; or

(c) be undertaking one of the following activities in accordance with the requirements specified in, or authorised by or under, the RAAus exposition:

(i) flying training for a pilot authorisation;

(ii) taking a flight test for a pilot authorisation;

(iii) meeting the aeronautical experience requirements for a pilot authorisation.

New paragraph 8B.7 sets out further requirements for pilots in command of a relevant aircraft in relation to operating in Class A, B, C, D airspace or a restricted area, which are that they must:

(b) hold a Part 61-equivalent controlled airspace endorsement; or

(c) be undertaking one of the following activities in accordance with the requirements specified in, or authorised by or under, the RAAus exposition:

(i) flying training for a pilot authorisation;

(ii) taking a flight test for a pilot authorisation;

(iii) meeting the aeronautical experience requirements for a pilot authorisation.

New paragraph 8B.8 sets out variations for the purposes of subparagraphs 8B.3(b) and (c). The variations are that specified provisions of the Part 91 MOS apply as if the references in the provisions to an “approved Mode S transponder” were references to an “approved transponder”.

New subsections 8C and 8D set out the procedures and conditions for the online assessment of medical fitness process, replicating the procedure set out in CASA EX01/24.

New subsection 8C sets out the steps involved in a person successfully completing the online self-assessment of medical fitness process, which include the following:

applying to CASA online and including with that application all the information required by the approved form or by the instrument
declaring that they have read and understood the Aviation Medical Guidelines provided to them and that they have referred to them in the process of completing the online self-assessment of their medical fitness
passing an online medical knowledge check
declaring that they have referred to and followed medical guidance
making full and accurate disclosure of certain health matters existing at the time of the self-assessment, including:

the state of the person’s health generally; and
the medical conditions, or symptoms of possible medical conditions, that the person is aware of having (if any); and
the medical treatment they have received during the 2 years before the self‑assessment; and
the medications or substances (if any) that the person has taken or used in the last 2 years; and
any change in health, medical conditions, symptoms or medications or substances taken or used (if any) since last seeing a medical practitioner.

New subsection 8D sets out conditions for pilots holding a current record of class 5 medical self-declaration who propose to fly at a controlled aerodrome, or in Class A, B, C, D airspace or a restricted area (a relevant flight). The conditions are that:

new paragraph 8D.2 — the pilot must not fly unless they have not been required to surrender their record, and the flight is before the renewal date for their record
new paragraph 8D.3 — the pilot must notify CASA within 30 days if:

the renewal date for their record has passed, or
if they know, or have reasonable grounds to believe, that they have a medically significant condition that impairs their ability to fly a relevant flight and that condition has lasted for more than 30 days; or
they have a private driver licence refused or cancelled on the grounds that they do not comply with the required medical standards or have failed to undergo required medical examination; or
they are clinically diagnosed with a disqualifying medical condition or are regularly taking or using a disqualifying medication or substance; or
they are experiencing problematic use of a substance

new paragraph 8D.4 — the pilot must surrender their record of class 5 medical self‑declaration to CASA as soon as practicable if:

the renewal date specified in their record of class 5 medical self‑declaration has passed; or
the pilot is required to notify CASA of any of the matters in pparagraph 8D.3

new paragraph 8D.5 — the pilot must not fly unless medically fit, such that the pilot must not fly if the pilot:

knows that they have a medically significant condition that impairs their ability to fly a relevant flight; or
has reasonable grounds to believe that they have a medically significant condition that impairs their ability to fly a relevant flight

new paragraph 8D.6 — the pilot must cease any relevant flight they are conducting if:

there are any changes in their health circumstances which may affect their ability to continue to conduct the flight or may otherwise have an impact on aviation safety; or
any issue arises in flight that causes them to have reduced capacity to control the aircraft for any period, or to change the flight plan, such as land early, divert or change altitude

new paragraph 8D.8 — the pilot must notify CASA within 30 days if they know or have reasonable grounds to believe that they have a medically significant condition that impairs their ability to conduct a flight in an aircraft and that condition has lasted for more than 30 days
new paragraph 8D.9 —a pilot who needs correcting lenses must not fly a relevant flight unless they have acceptable correcting lenses available for use and a spare pair of spectacles for each pair of correcting lenses that the person requires
new paragraph 8D.10 — the pilot must carry their record of class 5 medical self‑declaration and produce it for inspection on the request of an authorised person (as defined in the CASR Dictionary), or certain RAAus personnel.

[11] Paragraph 10.1, after “subsection 7, 8 or 9”

This item amends paragraph 10.1 to clarify that CASA’s power under subsection 10 of CAO 95.32 to approve a variation to conditions specified in CAO 95.32 does not include varying the conditions contained in paragraph 8.1K of CAO 95.32, which means CASA cannot approve under subsection 10 any variations to the conditions specified in section 8B, 8C or 8D.

[12] After subsection 11

This item inserts a savings provision in relation to approvals granted by CASA under subsection 10, that specify that any of subparagraphs 8B.3(b), (c) or (d) (which are being replaced in this instrument by substitute provisions) are not to apply in respect of a proposed flight.

New paragraph 12.3 provides that approvals that specify subparagraphs 8B.3(b), (c) or (d) (as in force immediately before the commencement of this instrument) does not apply in respect of a proposed flight, continue in force under the same terms and conditions, until the earlier of:

(a) the repeal date set out in the approval; or

(b) 12 months after the commencement date.

Appendix 3

DETAILS OF:

Civil Aviation Order 95.55 Amendment Instrument 2026

1 Name of instrument

This section names the instrument.

2 Commencement

Under this section, the instrument commences on the day after it is registered.

3 Amendment of Civil Aviation Order 95.55

Under this section, Schedule 1 amends Civil Aviation Order 95.55 (Exemptions from CAR and CASR — Certain Light Sport Aircraft, Lightweight Aeroplanes and Ultralight Aeroplanes) Instrument 2024.

Schedule 1 Amendments to Civil Aviation Order 95.55

[1] Subsection 5, the Note

This item adds the following definitions to the Note that refers to terms defined in the Act and regulations: authorised person, aviation safety radio frequency, flying training, inoperative.

[2] Paragraph 5.1

This item inserts numerous definitions into CAO 95.55. Some relate to the new procedures for RAAus to authorise flights in controlled aerospace or at a controlled aerodrome, while others relate to online medical self-assessment procedure and replicate definitions used in CASA EX01/24.

The following are some significant terms in relation to the new procedures for RAAus to authorise flights in controlled aerospace or at a controlled aerodrome:

Part 61-equivalent controlled aerodrome endorsement, in relation to a pilot authorisation, means an endorsement issued by RAAus in accordance with requirements that are, under the RAAus exposition, equivalent to the standards for:

(a) a controlled aerodrome endorsement issued under Part 61 of CASR; and

(b) a flight radio endorsement issued under Part 61 of CASR.

Part 61-equivalent controlled airspace endorsement, in relation to a pilot authorisation, means an endorsement issued by RAAus in accordance with requirements, under the RAAus exposition, equivalent to the standards for:

(a) a controlled airspace endorsement issued under Part 61 of CASR; and

(b) a flight radio endorsement issued under Part 61 of CASR.

pilot authorisation applicant means a person who has applied to RAAus for the grant of a pilot authorisation (whether or not the person has applied after a pilot authorisation they held was cancelled).
RAAus means Recreational Aviation Australia Limited.
RAAus appointed person, in relation to the inspection of a record of class 5 medical self‑declaration, means a person who:

(a) is appointed by RAAus in its capacity as an ASAO to perform an approved function on its behalf; and

RAAus restricted pilot means a person who:

(a) holds a student pilot certificate, a converting pilot certificate or a pilot certificate, issued by or under the delegated authority of RAAus; and

(b) is authorised to fly a solo flight by a person approved by RAAus, in accordance with the RAAus exposition, to carry out flying training.

The following are some significant terms in relation to the online medical self‑assessment process, which are the same as in CASA EX01/24, except for the cross‑references within the instrument:

Aviation Medical Guidelines is defined to mean the document entitled Guidelines – Medical Assessment for Aviation, published by CASA, as in force from time to time. A note makes it clear to the reader that, at the commencement of the instrument, the 1st edition (dated December 2023) of the Guidelines was available to view or download on CASA’s website at <https://casa.gov.au>.
online self-assessment of medical fitness process is defined to mean the process described in subsection 9B.
record of class 5 medical self-declaration is defined to mean the document given to a person by CASA to acknowledge that the person has successfully completed the online self-assessment of medical fitness process.
renewal date, in relation to a person’s record of class 5 medical self-declaration, means the date specified in the record as the date when the self-declaration ends (unless the person has been earlier required to surrender the self-declaration). The renewal date will generally be 5 years after the date of successful completion of the online self‑assessment process. However, for pilots over 40 years old, or with a conditional driver licence (including those who develop a disqualifying medical condition), a period of 2 years applies. For pilots 75 years old and over, an annual renewal is required.
successfully completed the online self-assessment of medical fitness process has the meaning given by new subsection 9B.

[3] After paragraph 5.2

This item adds a new paragraph 5.3, replicated from CASA EX01/24, that is an interpretive provision to clarify what is meant by a reference to a medical condition in the Order.

[4] Section 9, Note 2

This item amends the Note to replace a reference to CASA EX55/22 — Flight of Certain Ultralight Aeroplanes in Class D Airspace (Approved Flight Training Schools) Instrument 2022 (CASA EX55/22), which is repealed, with a reference to its remake, CASA EX65/25 — Flight of Certain Ultralight Aeroplanes in Class D Airspace (Approved Flight Training Schools) Instrument 2025, which is in force.

[5] Sub-subparagraph 9.1(i)(ii)

This item amends sub-subparagraph 9.1(i)(ii) to fix an error. It changes a reference to paragraph 9.7 (which does not exist) to paragraph 9.2 (which is the correct cross‑reference for the sub-subparagraph).

[6] Sub-subparagraph 9.1(j)(ii)

This item substitutes a new sub-subparagraph 9.1(j)(ii). The previous sub‑subparagraph 9.1(j)(ii) states that a relevant aeroplane may only be flown subject to subsection 9A, in Class A, B, C or D airspace or a restricted area. The new sub‑subparagraph 9.1(j)(ii) includes a reference to a controlled aerodrome.

[7] Paragraph 9.5, after “relevant aeroplane”

This item inserts an exception into paragraph 9.5 to the effect that a relevant aircraft that complies with new paragraph 9A.3 in relation to the fitting and operation of surveillance equipment does not have to comply with subsection 9B of CAO 20.18. In effect, aircraft operating in Class A, B, C or D airspace, or a controlled aerodrome, or a restricted area, are required to comply with the relevant Part 91 MOS automatic dependent surveillance-broadcast requirements as required by this CAO 95.55 amendment, rather than the older CAO 20.18 requirements. To avoid unnecessary regulatory changes, aircraft under CAO 95.55 operating outside these airspaces and not at controlled aerodromes are required to continue complying with the older CAO 20.18.

[8] Paragraph 9.6, after “relevant aeroplane”

This item inserts an exception into paragraph 9.6 to the effect that a relevant aircraft that complies with new paragraph 9A.3 in relation to the fitting and operation of surveillance equipment does not have to comply with subsections 9BA, 9C and 9E of CAO 20.18. In effect, aircraft operating in Class A, B, C or D airspace, or a controlled aerodrome, or a restricted area, are required to comply with the relevant Part 91 MOS SSR transponder requirements as required by this CAO 95.55 amendment, rather than the older CAO 20.18 requirements. To avoid unnecessary regulatory changes, aircraft under CAO 95.55 operating outside these airspaces and not at controlled aerodromes are required to continue complying with the older CAO 20.18.

[9] Subsection 9A, heading

This item amends the heading to subsection 9A to include a reference to controlled aerodromes.

[10] Paragraph 9A.1

This item substitutes new paragraph 9A.1 to provide that, for the purposes of sub‑subparagraph 9.1(j)(ii), a person must not operate a relevant aircraft at a controlled aerodrome, or in Class A, B, C or D airspace or a restricted area, unless the requirements of paragraphs 9A.2 to 9A.7 are met.

[11] Subparagraphs 9A.3(b) to (d)

This item substitutes new subparagraphs 9A.3(b) to (d) to require that the relevant aircraft complies with the requirements of subsection 26.01(3) and Division 26.16 of the Part 91 MOS in relation to the fitting and operation of surveillance equipment; and that the pilot in command of a relevant aircraft complies with the relevant requirements of Division 26.16 of the Part 91 MOS.

[12] Paragraph 9A.3, the Notes

This item omits the 2 Notes to paragraph 9A.3. The first Note is no longer required because of the new subparagraphs 9A.3(b) to (d). The second Note is no longer required as it refers to repealed instrument CASA EX55/22.

[13] After paragraph 9A.3

This item inserts new paragraphs 9A.4 to 9A.8, which set out the new conditions for flights at controlled aerodromes, Class A, B, C or D airspace and restricted areas.

New paragraph 9A.4 requires that a pilot in command of a relevant aeroplane must hold a current certificate or record of one of the following kinds:

(a) an Aviation Medical Certificate (Basic Class 2);

(b) a class 1 medical certificate;

(d) a record of class 5 medical self-declaration;

(e) a recreational aviation medical practitioner’s certificate.

New paragraph 9A.5 sets out further requirements for pilots in command of a relevant aeroplane, which are that they must:

(b) if the pilot is not a RAAus restricted pilot — have a current aviation English language proficiency assessment; and

New paragraph 9A.6 sets out further requirements for pilots in command of a relevant aeroplane in relation to operating at a controlled aerodrome, which are that they must:

(b) hold a Part 61-equivalent controlled aerodrome endorsement; or

(c) be undertaking one of the following activities in accordance with the requirements specified in, or authorised by or under, the RAAus exposition:

(i) flying training for a pilot authorisation;

(ii) taking a flight test for a pilot authorisation;

(iii) meeting the aeronautical experience requirements for a pilot authorisation.

New paragraph 9A.7 sets out further requirements for pilots in command of a relevant aeroplane in relation to operating in Class A, B, C, D airspace or a restricted area, which are that they must:

(b) hold a Part 61-equivalent controlled airspace endorsement; or

(c) be undertaking one of the following activities in accordance with the requirements specified in, or authorised by or under, the RAAus exposition:

(i) flying training for a pilot authorisation;

(ii) taking a flight test for a pilot authorisation;

(iii) meeting the aeronautical experience requirements for a pilot authorisation.

New paragraph 9A.8 sets out variations for the purposes of subparagraphs 9A.3(b) and (c). The variations are that specified provisions of the Part 91 MOS apply as if the references in the provisions to an “approved Mode S transponder” were references to an “approved transponder”.

[14] After subsection 9A

This item inserts new subsections 9B and 9C, which set out the procedures and conditions for the online assessment of medical fitness process, replicating the procedure set out in CASA EX01/24.

New paragraph 9B.2 sets out the steps involved in a person successfully completing the online self-assessment of medical fitness process, which include the following:

applying to CASA online and including with that application all the information required by the approved form or by the instrument
declaring that they have read and understood the Aviation Medical Guidelines provided to them and that they have referred to them in the process of completing the online self-assessment of their medical fitness
passing an online medical knowledge check
declaring that they have referred to and followed medical guidance
making full and accurate disclosure of certain health matters existing at the time of the self-assessment, including:

the state of the person’s health generally; and
the medical conditions, or symptoms of possible medical conditions, that the person is aware of having (if any); and
the medical treatment they have received during the 2 years before the self‑assessment; and
the medications or substances (if any) that the person has taken or used in the last 2 years; and
any change in health, medical conditions, symptoms or medications or substances taken or used (if any) since last seeing a medical practitioner.

New subsection 9C sets out conditions for pilots holding a current record of class 5 medical self-declaration who propose to fly at a controlled aerodrome, or in Class A, B, C, D airspace or a restricted area (a relevant flight). The conditions are that:

new paragraph 9C.2 — the pilot must not fly unless they have not been required to surrender their record, and the flight is before the renewal date for their record
new paragraph 9C.3 — the pilot must notify CASA within 30 days if:

the renewal date for their record has passed, or
if they know or have reasonable grounds to believe that they have a medically significant condition that impairs their ability to fly a relevant flight and that condition has lasted for more than 30 days; or
they have a private driver licence refused or cancelled on the grounds that they do not comply with the required medical standards or have failed to undergo required medical examination; or
they are clinically diagnosed with a disqualifying medical condition or are regularly taking or using a disqualifying medication or substance; or
they are experiencing problematic use of a substance.

new paragraph 9C.4 — the pilot must surrender their record of class 5 medical self‑declaration to CASA as soon as practicable if:

the renewal date specified in their record of class 5 medical self-declaration has passed; or
the pilot is required to notify CASA of any of the matters in paragraph 9C.3

new paragraph 9C.5 — the pilot must not fly unless medically fit, such that the pilot must not fly if the pilot:

knows that they have a medically significant condition that impairs their ability to fly a relevant flight; or
has reasonable grounds to believe that they have a medically significant condition that impairs their ability to fly a relevant flight

new paragraph 9C.6 — the pilot must cease any relevant flight they are conducting if:

there are any changes in their health circumstances which may affect their ability to continue to conduct the flight or may otherwise have an impact on aviation safety; or
any issue arises in flight that causes them to have reduced capacity to control the aircraft for any period, or to change the flight plan, such as land early, divert or change altitude

new paragraph 9C.8 — the pilot must notify CASA within 30 days if they know or have reasonable grounds to believe that they have a medically significant condition that impairs their ability to conduct a flight in an aircraft and that condition has lasted for more than 30 days
new paragraph 9C.9 — a pilot who needs correcting lenses must not fly a relevant flight unless they have acceptable correcting lenses available for use and a spare pair of spectacles for each pair of correcting lenses that the person requires
new paragraph 9C.10 — the pilot must carry their record of class 5 medical self‑declaration and produce it for inspection on the request of an authorised person (as defined in the CASR Dictionary), or certain RAAus personnel.

[15] Subparagraph 10.1(d)

This item changes a reference to “flight training” to “flying training” to reflect current terminology in CASR.

[16] Paragraph 12.1, after “subsection 8, 9, 10 or 11”

This item amends paragraph 12.1 to clarify that CASA's power under subsection 12 of CAO 95.55 to approve a variation to conditions specified in CAO 95.55 does not include varying the conditions contained in subparagraph 9.1(j) of CAO 95.55, which means CASA cannot approve under subsection 12 any variations to the conditions specified in section 9A, 9B or 9C.

[17] After subsection 13

This item inserts a savings provision in relation to approvals granted by CASA under subsection 12, that specify that any of subparagraphs 9A.3(b), (c) or (d) (which are being replaced in this instrument by substitute provisions) are not to apply in respect of a proposed flight.

New paragraph 14.3 provides that approvals that specify subparagraphs 9A.3(b), (c) or (d) (as in force immediately before the commencement of this instrument) does not apply in respect of a proposed flight, continue in force under the same terms and conditions, until the earlier of:

(a) the repeal date set out in the approval; or

(b) 12 months after the commencement date.

Schedule 2 Amendments to CASA EX65/25

This Schedule makes consequential amendments to instrument number CASA EX65/25, which contains cross-references to provisions in CAO 95.55. The amendments update the cross-references in instrument number CASA EX65/25 to the correct provisions of CAO 95.55, as amended by this instrument.

Appendix 4

Statement of Compatibility with Human Rights

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

Civil Aviation Order 95.10 Amendment Instrument 2026

Civil Aviation Order 95.32 Amendment Instrument 2026

Civil Aviation Order 95.55 Amendment Instrument 2026

These legislative instruments are 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 instruments

This Statement is in relation to the following legislative instruments:

(a) Civil Aviation Order 95.10 Amendment Instrument 2026, which amends Civil Aviation Order 95.10 (Exemptions from CAR and CASR — Microlight Aeroplanes) Instrument 2024 (CAO 95.10)

(b) Civil Aviation Order 95.32 Amendment Instrument 2026, which amends Civil Aviation Order 95.32 (Exemptions from CAR and CASR — Powered Parachutes and Weight-shift-controlled Aeroplanes) Instrument 2024 (CAO 95.32)

(c) Civil Aviation Order 95.55 Amendment Instrument 2026, which amends Civil Aviation Order 95.55 (Exemptions from CAR and CASR — Certain Light Sport Aircraft, Lightweight Aeroplanes and Ultralight Aeroplanes) Instrument 2024 (CAO 95.55).

(the 3 instruments)

The purpose of the 3 instruments is to set out a standard procedure for authorising pilots of the types of sport and recreational aircraft that are mentioned in CAOs 95.10, 95.32 and 95.55 to operate at controlled aerodromes and in controlled airspace. This is an alternative to the current arrangements, which are inconsistent between pilots of different types of sport and recreational aircraft, and also requires such pilots to obtain qualifications under Part 61 of the Civil Aviation Safety Regulations 1998 (CASR).

Broadly speaking, the 3 instruments will allow Recreational Aviation Australia Limited (RAAus) to oversee the training, assessment and certification or authorisation of pilots of various sport and recreational aircraft to operate at controlled aerodromes and in controlled airspace, provided the pilots meet certain standards, endorsed by RAAus, that are equivalent to some of the standards set out in Part 61 of CASR, and standards that are the same as those in CASA EX01/24 — Flight Crew Medical Status (Class 5 Medical Self declaration) Exemption 2024 (CASA EX01/24). CASA EX01/24 sets out a process for completing an online medical self-assessment as an alternative to the existing classes of medical certificates that pilots are required to hold under Part 61 of CASR, all of which have historically been issued only after a medical assessment by a medical practitioner under Part 67 of CASR.

The 3 instruments insert substantially identical provisions into CAOs 95.10, 95.32 and 95.55, to allow RAAus to oversee the training, assessment and certification or authorisation of pilots to operate the relevant types of sport and recreational aircraft in controlled airspace or at a controlled aerodrome. RAAus may authorise or certify pilots to conduct such operations, provided the pilots meet the medical requirements set out in Part 67 of CASR or complete an online medical self-assessment, with the same procedure and conditions as those set out CASA EX01/24, and qualification and proficiency standards endorsed by RAAus and equivalent to the standards set out in Part 61 of CASR. Additionally, the relevant aircraft must meet equipment requirements equivalent to those set out in the Part 91 (General Operating and Flight Rules) Manual of Standards 2020.

Human rights implications

The 3 instruments engage with the right to privacy.

That right, contained in Article 17 of the International Covenant on Civil and Political Rights, provides that no-one shall be subjected to arbitrary or unlawful interference with their privacy. The right created by Article 17 includes the right to protection against unlawful or arbitrary interferences with an individual’s privacy and also requires respect for private and confidential information, including the storing, use and sharing of such information, and the right to control the dissemination of private information.

The right in Article 17 may be subject to permissible limitations, where these limitations are authorised by law and are not arbitrary. In order for limitations not to be arbitrary, they must seek to achieve a legitimate objective and be reasonable, necessary and proportionate to this purpose.

The right to privacy is engaged by the 3 instruments, as they require a person seeking to rely on the exemptions in the 3 instruments to provide medical information about themselves when completing the online self-assessment of medical fitness process and to provide additional health information that must be reported to CASA if further medical conditions emerge or the medical circumstances of the holder of a record of class 5 declaration of medical fitness otherwise change. However, the requirements to provide this personal medical information in the 3 instruments are no more onerous than those that apply to pilots who undertake medical assessment and obtain a medical certificate under Part 61 or 67 of CASR.

CASA has processes in place to protect the confidentiality of the information collected under the relevant provisions of the 3 instruments. The following processes safeguard this personal information:

(a) all medical information is held in CASA’s Medical Records System (MRS);

(c) Designated Aviation Medical Examiners also have access to MRS, however, they can only view files that relate to the specific applicant who they are examining;

(d) MRS is accessed externally via the myCASA portal which uses two-factor authentication to enter, that is, myID.

Also, when an application is made to complete the online self-assessment of medical fitness process, and obtain a record of class 5 medical self-declaration, the applicant is provided with a privacy declaration about the processes that CASA has in place to protect the relevant personal information in their application records, and the limited circumstances in which it may be disclosed, which the applicant accepts as part of the online self-assessment process. A more detailed explanation of this declaration is set out in the Explanatory Statement to the 3 instruments.

The protections afforded by the Privacy Act 1988 continue to apply.

The requirements are necessary in order to ensure proper administration and enforcement of Australia’s aviation safety system. Any potential limitation on the right to privacy is necessary, reasonable, and proportionate in promoting the objective of preserving an acceptable level of aviation safety while lowering the medical certification standards for the affected kinds of aircraft operations.

Conclusion

To the extent that the 3 instruments engage with human rights, those engagements are reasonable, necessary, and proportionate in order to ensure the safety of aviation operations and to promote the integrity of the aviation safety system and, therefore, promote the rights to life and health.

Civil Aviation Safety Authority

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

Interactions

Legislation content

Interactions

Authorises

All Versions