Explanatory Statement
Civil Aviation Regulations 1988
Civil Aviation Safety Regulations 1998
Civil Aviation Order 95.32 (Exemption from Provisions of the Civil Aviation Regulations 1988 — Weight-shift-controlled Aeroplanes and Powered Parachutes) Instrument 2021
Purpose
The purpose of Civil Aviation Order 95.32 (Exemption from Provisions of the Civil Aviation Regulations 1988 — Weight-shift-controlled Aeroplanes and Powered Parachutes) Instrument 2021 (the instrument) is to reissue Civil Aviation Order 95.32 (Exemption from Provisions of the Civil Aviation Regulations 1988 — Weight‑Shift‑Controlled Aeroplanes and Powered Parachutes) Instrument 2018 (the previous instrument) (that is due to expire at the end of 30 June 2021). This will enable the continuation of exemptions for operators of weight-shift-controlled aeroplanes and powered parachutes that are registered with Sports Aviation Federation of Australia Limited (SAFA) and Recreational Aviation Australia Limited (RAAus) from particular requirements of the Civil Aviation Regulations 1988 (CAR). The instrument enables approved self-administering aviation organisations (ASAOs) (provided for in Part 149 of the Civil Aviation Safety Regulations 1998 (CASR) and the Part 149 Manual of Standards (the Part 149 MOS)) to become authorised to exercise aviation administration functions in relation to such aircraft. It also makes minor or machinery changes, including changes to align with Part 103 of CASR and the Part 103 Manual of Standards (the Part 103 MOS) which are anticipated to commence on 2 December 2021.
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 CAR.
Under paragraph 20AB (1) (b) of the Act, a person must not perform any duty that is essential to the operation of an Australian aircraft during flight time unless the person is authorised by or under the regulations to perform that duty without the civil aviation authorisation concerned.
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, by instrument, grant an exemption from a provision of the regulations (including CAR) in relation to a matter mentioned in that subsection.
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 11.175 (4) of CASR, in deciding whether to reissue an exemption on application by a person, 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 renew an exemption on its own initiative.
Regulation 11.205 of CASR provides that CASA may impose conditions on an exemption if that is necessary in the interests of the safety of air navigation. Under regulation 11.210, it is an offence of strict liability 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.
Regulation 5 of CAR enables CASA to issue a permission, approval or authority in Civil Aviation Orders.
Background
The instrument applies in relation to certain weight-shift-controlled aeroplanes and powered parachutes that are registered with sport aviation bodies. Those aircraft will eventually be a class of sport and recreational aviation aircraft under Part 103 of CASR and the Part 103 MOS (anticipated to commence on 2 December 2021).
Under the previous instrument, the organisations authorised to administer aviation activities for such aircraft were SAFA (previously known as the Hang Gliding Federation of Australia Inc.) and RAAus (previously referred to as RAA). Both of these organisations are authorised to register and administer powered parachutes and weight‑shift-controlled aeroplanes. The instrument continues to provide for that situation while opening the field to other ASAOs to perform such functions under Part 149 of CASR and the Part 149 MOS. Minor or machinery changes have been made to update outdated or obsolete provisions, and some of the changes will mean better alignment with the new regulatory framework for sport and recreational aviation aircraft in Part 103 of CASR and the Part 103 MOS (anticipated to commence on 2 December 2021).
Overview of instrument
The instrument operates in substantially the same way as the previous instrument but provides for ASAOs as bodies authorised to administer weight-shift-controlled aeroplanes and powered parachutes. It also removes or substitutes obsolete and outdated references and makes other minor or machinery changes.
Documents incorporated by reference
In accordance with paragraph 15J (2) (c) of the Legislation Act 2003 (the LA), the following table contains a description of the documents that have been incorporated into the instrument, how the document is incorporated, a description of the document, the organisation responsible for the document and how the document may be obtained.
Document and how incorporated | Description | Source |
The instrument incorporates the RAAus Operations Manual, approved in writing by CASA from time to time. The whole document is incorporated. Reference to the RAAus Operations Manual is found in paragraph 4.1 of the instrument in the definitions of RAAus Operations Manual and operations manual and that latter term is used substantively throughout the instrument. Subsection 98 (5D) of the Act authorises the incorporation of this document as in force or existing from time to time. | This document sets out operational requirements relating to relevant aircraft that are registered with RAAus (when operating otherwise than as an ASAO). The document is not a legislative instrument. | The document is prepared by RAAus and given to CASA, and to persons in relation to relevant aircraft registered with RAAus. It is freely available on the internet on the following web page: https://www.raa.asn.au/. |
The instrument incorporates the RAAus Technical Manual, approved in writing by CASA from time to time. The whole document is incorporated. Reference to the RAAus Technical Manual is found in paragraph 4.1 of the instrument in the definitions of RAAus Technical Manual and technical manual and that latter term is used substantively throughout the instrument. Subsection 98 (5D) of the Act authorises the incorporation of this document as in force or existing from time to time. | This document sets out airworthiness, design and maintenance standards relating to relevant aircraft that are registered with RAAus (when operating otherwise than as an ASAO). The document is not a legislative instrument. | The document is prepared by RAAus and given to CASA, and to persons in relation to relevant aircraft registered with RAAus. It is freely available on the internet on the following web page: https://www.raa.asn.au/. |
The instrument incorporates the SAFA Operations Manual, approved in writing by CASA from time to time. The whole document is incorporated. Reference to the SAFA Operations Manual is found in paragraph 4.1 of the instrument in the definitions of SAFA Operations Manual and the definition of operations manual and that latter term is used substantively throughout the instrument. Subsection 98 (5D) of the Act authorises the incorporation of this document as in force or existing from time to time. | This document sets out operational requirements, airworthiness, design and maintenance standards and aeronautical practices, test procedures and processes relating to relevant aircraft that are registered with SAFA (when operating otherwise than as an ASAO). The document is not a legislative instrument. | The document is prepared by SAFA and given to CASA, and to persons in relation to relevant aircraft registered with SAFA. It is freely available on the internet on the following web page: https://members.safa.asn.au/isonic-downloaddoc.php?docid=0X0X1X1X47R2hYQ2t5YU9HL0xlL1RBbjlrM1VEdz09. |
The instrument incorporates an ASAO’s exposition, which is defined in the CASR Dictionary as: (a) the set of documents approved by CASA under regulation 149.080 in relation to the ASAO; or (b) if the set of documents is changed under regulation 149.115 or 149.120, or in accordance with the process mentioned in paragraph 149.340 (i) — the set of documents as changed. An ASAO is required to keep the exposition up-to-date under regulation 149.350 of CASR. Accordingly, the exposition will, under Part 149 of CASR, effectively apply as it exists from time to time, even though those words are not used. Regulation 149.285 of CASR requires an ASAO to provide to its personnel and the holders of authorisations from the ASAO, ready access to up-to-date copies of: (a) the civil aviation legislation; (b) technical standards and practices; (c) technical bulletins and instructions; (d) manuals for equipment used by the ASAO’s personnel; (e) any other materials prescribed by the Part 149 MOS. (In this regard, section 35 of the Part 149 MOS prescribes, for an aircraft:
The provisions of the instrument, to the extent that they relate to a relevant ASAO’s exposition, are summarised below. Paragraph 4.1 defines operations manual to mean, at subparagraph (c), for an ASAO — the ASAO’s exposition. Similarly, paragraph 4.1 defines technical manual to mean, at subparagraph (c), for an ASAO — the ASAO’s exposition. Accordingly, wherever the term operations manual or technical manual is used in the instrument, it will include, for an ASAO, a reference to the ASAO’s exposition. Subsection 98 (5D) of the Act authorises the incorporation of this document as in force or existing from time to time”. | Although no ASAOs are currently authorised to administer weight-shift-controlled aeroplanes or powered parachutes, when that eventually does happen, it is anticipated that the ASAO’s exposition will contain, or refer to, operational requirements and airworthiness, design and maintenance standards relating to such aircraft. An ASAO’s exposition is not a legislative instrument. | The exposition is prepared by the relevant ASAO and, under regulation 149.350 of CASR, is required to be made accessible to CASA and to holders of authorisations issued by the ASAO in relation to weight‑shift-controlled aeroplanes or powered parachutes registered with the ASAO. The contravention by an ASAO of this requirement is an offence of strict liability. The instrument incorporates the entirety of an ASAO’s exposition. However, having regard to the manner of its incorporation set out in column 1 of this table, in practical and actual terms only parts of the exposition are relevant to the instrument. By prior arrangement, CASA will make available for viewing at its offices at least those parts of an exposition, and any other parts that are referred to in regulation 149.285 of CASR, which is expected to be most of an exposition. |
The instrument incorporates several definitions from the Part 149 MOS. The definitions of Part 149 aircraft, weight-shift-controlled aeroplane and powered parachute are incorporated from the Part 149 MOS. Subsection 9 (1) of the Part 149 MOS sets out which weight‑shift-controlled aeroplanes and powered parachutes qualify as a Part 149 aircraft. Subsection 9 (3) of the Part 149 MOS defines a weight‑shift‑controlled aeroplane as “an aeroplane, however described, where flight control is attained primarily by weight-shift”. A powered parachute is defined in that provision as “an aeroplane with a ram air parachute wing”. These terms are found in subsection 3 of the instrument and, in paragraph 4.1, inform the meanings of weight‑shift‑controlled aeroplanes and powered parachutes as used throughout the instrument (being those respective aircraft to which the Order applies under subsection 3). The terms weight‑shift‑controlled aeroplane and powered parachute (as defined in paragraph 4.1 of the instrument) are used substantively in subparagraph 7.1 (b) and subsection 8 of the instrument. The Part 149 MOS is a disallowable legislative instrument for the purposes of paragraph 14 (1) (a) of the LA. The reference to the Part 149 MOS is, by virtue of section 10 of the Acts Interpretation Act 1901 and section 13 of the LA, a reference to the MOS as originally made and as amended from time to time. | The Part 149 MOS is made under Part 149 of CASR and sets out matters relating to the functions and obligations of ASAOs. It is a legislative instrument. | The Part 149 MOS is issued by CASA under regulation 149.010 of CASR, in force and freely available on the Federal Register of Legislation which is accessible via the internet on the following web page: https://www.legislation.gov.au/Details/F2018L01800. |
The instrument incorporates CAP 482: British Civil Airworthiness Requirements – Section S – Small Light Aeroplanes, as it exists from time to time. Reference to compliance with this document is made in sub‑subparagraph 3.3 (b) (i) of the instrument. It is used as one of the limbs that must be satisfied for an aircraft to qualify as a Part 149 aircraft under section 9 of the Part 149 MOS. Subsection 98 (5D) of the Act authorises the incorporation of this document into the instrument as existing from time to time. | This document sets out the minimum British civil airworthiness requirements for small light aeroplanes and constitutes the basis for the issue of “permits to fly” for such aeroplanes. The document is not a legislative instrument. | The document is published by the British Civil Aviation Authority. It is freely available, and accessible via the internet on the following web page: http://publicapps.caa.co.uk/modalapplication.aspx?appid=11&mode=detail&id=5575. |
The definition active restricted area in paragraph 4.1 of the instrument takes its meaning from the AIP (the Aeronautical Information Publication), a document that is published in accordance with regulation 14 of the Air Services Regulations 2019 and which is, under those regulations, in force as amended from time to time. Subsection 98 (5D) of the Act authorises the incorporation of this document into the instrument as existing from time to time. | The AIP specifies a range of procedures and other matters of relevance to the safe and efficient conduct of aviation activities. An AIP is not a legislative instrument. | The AIP is published by Airservices Australia. It is freely available and accessible via the internet on the following web page: https://www.airservicesaustralia.com/aip/aip.asp. |
The instrument refers to an instrument titled Determination of Airspace and Controlled Aerodromes Etc. (Designated Airspace Handbook) Instrument, as in force from time to time. Only references to classes of airspace, as determined by CASA in that instrument, are incorporated. Such references are found as an interpretative provision in paragraph 4.2 of the instrument and subsequently as part of the substantive provisions in subparagraph 7.1 (d) and paragraph 7.3 of the instrument. Paragraph 14 (1) (a) of the LA authorises the incorporation of this document into the instrument as existing from time to time. | This instrument is revised and reissued by CASA approximately every 6 months. It is a legislative instrument. | The instrument is prepared by CASA and is freely available on the Federal Register of Legislation which is accessible via the internet. The current instrument is on the following web page: https://www.legislation.gov.au/Details/F2020L01392. |
The instrument incorporates Civil Aviation Advisory Publication 149 (CAAP 149), as it exists from time to time. This publication is referred to in sub-subparagraph 7.4 (b) (ii) of the instrument as containing a list of aircraft acceptable to CASA for the purpose of towing. Subsection 98 (5D) of the Act authorises the incorporation of this document into the instrument as existing from time to time. | Civil Aviation Advisory Publications provide guidance and explanatory information about the meaning of certain requirements in CAR. A Civil Aviation Advisory Publication is not a legislative instrument. | The publication, published by CASA, is freely available and accessible via the internet on the following web page: https://www.casa.gov.au/files/149-1pdf. |
Content of instrument
Subsection 1 sets out the name of the instrument: Civil Aviation Order 95.32 (Exemption from Provisions of the Civil Aviation Regulations 1988 — Weight-shift-controlled Aeroplanes and Powered Parachutes) Instrument 2021.
Subsection 2 sets out the duration of the instrument, specifying that it commences on 1 July 2021 (the day after the previous instrument was repealed) and is repealed at the earlier of: the commencement of Schedule 1 to the Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019 (expected to be on 2 December 2021) or the end of 30 June 2024. It is anticipated that Part 103 of CASR and the Part 103 MOS will replace this instrument. However, for those sport aviation bodies under the instrument that do not hold the necessary ASAO certificate by
2 December 2021, transitional arrangements may be required by the issue of another instrument to enable persons operating under those bodies to continue to do so for a specified period of time.
Subsection 3 provides that the Order applies to a weight-shift-controlled aeroplane or powered parachute (each within its respective meaning given by subsection 9 (3) of the Part 149 MOS) that qualifies as a Part 149 aircraft under subsection 9 (1) of the Part 149 MOS and is registered with a sport aviation body. The Order does not apply to an aircraft to which Civil Aviation Order 95.10 applies. Paragraph 3.3 is an application provision that refers to subsection 9 (1), table, item 1, paragraph (b) of the Part 149 MOS. It sets out one limb of the requirements for a commercially-manufactured weight‑shift-controlled aeroplane or powered parachute to qualify as a Part 149 aircraft for the purposes of the Part 149 MOS. Sub-subparagraph 3.3 (a) (ii) refers to an approval power that CASA has not used since 2003. The only reason for retaining the provision is that there are likely to be aircraft, particularly older relevant aircraft, that were manufactured in accordance with such approvals. The intention is for those aircraft to continue to be able to qualify as Part 149 aircraft on that basis.
The application provision has been considerably reduced since the previous instrument so that it aligns with Part 149 of CASR and the Part 149 MOS.
Subsection 4 provides for definitions of terms used in the instrument. Some of the terminology has been updated since the previous instrument, including the terms competent issuing authority and NAA. The use of the term ASAO (defined in the CASR Dictionary) reflects the role of ASAOs in registering and administering relevant aircraft in the instrument under Part 149 of CASR and the Part 149 MOS. The legal citations of the sporting aviation bodies are updated so that RAAus replaces RAA and SAFA replaces HGFA. Those 2 bodies are now described as “operating otherwise than as an ASAO” in order to distinguish them from organisations that are authorised to administer relevant aircraft as ASAOs. It is contemplated that RAAus and SAFA may eventually be authorised as ASAOs in relation to relevant aircraft, in which case they will be treated under the instrument as an ASAO.
Some definitions, such as aerial application operation, appropriate flight instructor certificate, appropriate pilot certificate and VsO stall speed have been removed from the definition provision as they are either no longer used in the instrument or they have been moved to, and incorporated into, the text of the instrument where they are used and more readily accessible.
Subsection 5 provides for exemptions from compliance with specified provisions of CAR. The exemptions are mostly the same as they were in the previous instrument, with the addition of 2 provisions as follows:
- an exemption from paragraph 166A (2) (f) of CAR for a powered parachute maintaining the same track when taking off from an aerodrome until the aircraft is 500 feet above the terrain — this exemption has been added for safety reasons due to the slow-moving nature of these aircraft
- an exemption from the requirements in subregulations 232 (2) and (5) for approval by CASA of flight check systems — this requirement is regarded by CASA as unnecessary for aircrafts to which the instrument applies due to the low degree of complexity of those systems for such aircraft and reflects the approach taken in other Civil Aviation Orders for sport and recreational aviation aircraft.
Consistent with the previous instrument, the exemptions are subject to compliance with the conditions in the Order.
Subsection 6 sets out the general conditions that apply in relation to relevant aircraft. These include that the aircraft must not be used in aerial application operations or aerial mustering and must not be used other than for the carriage, without charge, of persons or goods or the private conduct of aerial inspections of stock, fencing or farm or pastoral equipment or, in the case of commercially-manufactured two-place aircraft, flying training to enable a person to obtain a pilot certificate from a sport aviation body. There are also restrictions on operating the aircraft as pilot in command and the use of the aircraft for flying training. Operation of the aircraft must be in accordance with the relevant sport aviation body’s operations manual and technical manual. Maintenance on aircraft must be performed by suitably qualified persons in accordance with the relevant sport aviation body’s technical manual. The only substantive change since the previous instrument is the express addition, for the sake of clarity, of aerial mustering as a prohibited use. Apart from that, the subsection is in substantially the same form as it was in the previous instrument, with minor updates (including provisions accommodating ASAOs) and drafting improvements.
Subsection 7 sets out the flight conditions which are mostly the same as those in the previous instrument. The conditions include flight height, location and airspace restrictions, requirements to fly only in VMC, during daylight hours and not in acrobatic flight or over closely-settled or populous areas or public gatherings (subject to certain qualifications), not to use radiotelephone equipment (subject to certain qualifications), restrictions on the towing of aircraft and a requirement to carry certain emergency location transmitters when flying a two-place aircraft beyond a radius of 50 nautical miles of a departure location. The only substantive changes since the previous instrument are, in subparagraph 7.1 (g), updated conditions for flying over a closely‑settled or populous area or a public gathering and, in paragraph 7.3, the addition of Class B airspace restrictions and updated conditions for flying in Class A, B, C or D airspace and in an active restricted area. The changes substitute outdated provisions with provisions that are more closely aligned with Part 103 of CASR and the Part 103 MOS.
Subsection 8 provides further qualifications on the conditions under subsection 7 for weight-shift-controlled aeroplanes flying lower than 500 feet above ground level or powered parachutes flying lower than 300 feet above ground level and for such aircraft flying at 5 000 feet or higher above mean sea level.
The conditions in subsection 7 and their qualification in subsection 8 are, with the exception of the changes identified above for subsection 7, in substantially the same form as in the previous instrument, with the only other changes being of a minor or machinery nature.
Subsection 9 provides for an approval process for persons wishing to fly a relevant aircraft otherwise than in accordance with the Order. The subsection is in the same form as in the previous instrument. There are no express fetters on the discretionary power. Applications for approvals will be determined on a case by case basis by reference to safety considerations. There may be a range of reasons for an application under this subsection and it would not be practical or necessary for the instrument or ES to specify the factors that the decision-maker should consider in exercising the discretion. General principles of administrative law would restrict the decision-maker to decisions that are reasonable and have regard to relevant considerations. Depending on the nature of the application and the variation sought, the relevant delegate would be any of the following (who are all employees of CASA and SES equivalent officers):
- Branch Manager, General Recreational & Sport Aviation
- Branch Manager, Air Navigation, Airspace & Aerodromes
- Branch Manager, Coordination & Safety Systems
- Executive Manager, National Operations & Standards
- Group Executive Manager, Aviation.
An approval under this provision constitutes an authorisation within the meaning of regulation 11.015 of CASR. Item 1 of the Table 201.004 of CASR (see subregulation 201.004(2) of CASR) deems an adverse decision on an authorisation to constitute a reviewable decision on its merits by the Administrative Appeals Tribunal. CASA will include in any such decisions an AAT merits review notice.
Subsection 10 sets out the transitional provisions for the instrument and continues certificates, approvals and authorisations by RAAus or SAFA and approvals by CASA under subsection 9 of the previous instrument.
Legislation Act 2003
Paragraph 98 (5A) (a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation or the maintenance of aeroplanes. Additionally, paragraph 98 (5AA) (a) of the Act provides that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. The instrument exempts all operators of relevant aircraft (that is, a class of persons) from various provisions of CAR. The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
The instrument is being reissued to replace the previous instrument which expires at the end of 30 June 2021. The instrument mostly comprises the same substantive provisions as the previous versions of Civil Aviation Order 95.32 (for which consultation has previously been undertaken) with some of the changes considered necessary to align with Parts 103 and 149 of CASR. Parts 103 and 149 of CASR and the Part 149 MOS have undergone comprehensive consultation. Accordingly, CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.
Office of Best Practice Regulation (OBPR)
This instrument exempts certain weight-shift-controlled aeroplanes and powered parachutes registered with RAAus, SAFA or an ASAO from provisions of CAR. Accordingly, a Regulation Impact Statement (RIS) is not required in this case, as the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Sector risk, economic and cost impact
Subsection 9A (3) of the Act states that subject to regarding the safety of air navigation as the most important consideration, in developing and promulgating aviation safety standards under paragraph 9 (1) (c) of the Act, 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.
This instrument makes minor or machinery changes to an existing instrument and there will be no change to the economic or cost impact on individuals, businesses or the community.
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Appendix 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.
Making and commencement
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument commences on 1 July 2021 and is repealed on the earlier of:
- the day of commencement of Schedule 1 to the Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019; or
- the end of 30 June 2024.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Civil Aviation Order 95.32 (Exemption from Provisions of the Civil Aviation Regulations 1988 — Weight-shift-controlled Aeroplanes and Powered Parachutes) Instrument 2021
This legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of legislative instrument
Civil Aviation Order 95.32 (Exemption from Provisions of the Civil Aviation Regulations 1988 — Weight-shift-controlled Aeroplanes and Powered Parachutes) Instrument 2021 (the instrument) reissues Civil Aviation Order 95.32 (Exemption from Provisions of the Civil Aviation Regulations 1988 — Weight-Shift-Controlled Aeroplanes and Powered Parachutes) Instrument 2018 (the previous instrument) which expires at the end of June 2021. The instrument enables approved self-administering aviation organisations (provided for in Part 149 of the Civil Aviation Safety Regulations 1998 (CASR) and the Part 149 Manual of Standards) to become authorised to exercise aviation administration functions in relation to weight-shift-controlled aeroplanes and powered parachutes. It also makes minor or machinery changes including changes to align with Part 103 of CASR and the Part 103 Manual of Standards which are anticipated to commence on 2 December 2021.
Apart from those changes, the instrument is, in substance, the same as the previous instrument in providing a scheme of exemptions, subject to conditions, that facilitates the safe operation of weight-shift-controlled aeroplanes and powered parachutes registered and administered by Recreational Aviation Australia Limited (previously referred to as RAA) and Sports Aviation Federation of Australia Limited (previously known as Hang Gliding Federation of Australia Inc). The instrument is expected to be repealed on the commencement of Part 103 of CASR on 2 December 2021.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority