Civil Aviation Order 95.54 Amendment Instrument 2023 (No. 1)

Explanatory Statement

Civil Aviation Safety Regulations 1998

Civil Aviation Order 95.54 Amendment Instrument 2023 (No. 1)

Purpose

The purpose of Civil Aviation Order 95.54 Amendment Instrument 2023 (No. 1) (the CAO amendment) is to amend Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2021 (the CAO).

The CAO amendment, which commences on 2 December 2023, has the two-fold effect of terminating the role of the Australian Ballooning Federation (the ABF) in the administration of Part 131 recreational activities under the CAO and providing that CASA will perform that function until it makes a decision otherwise.

The ABF historically administered recreational (private) balloon activities, primarily under a deed of agreement with CASA. As part of the transition to full implementation of Part 131 of the Civil Aviation Safety Regulations 1998 (CASR), the ABF was directed in the CAO to fulfil the obligations assigned to an approved self-administering aviation organisation (an ASAO) as contained in Part 131 of CASR. This direction was based on the intent of the ABF at that time to apply for an ASAO certificate under Part 149 of CASR.

However, the ABF has informed CASA that it no longer wishes to be responsible for recreational balloon activities after 1 December 2023 for financial and logistical reasons.

Effective on and from 2 December 2023, CASA will assume the function of administering and oversighting recreational balloon activities, including ab initio pilot training and the granting of recreational pilot authorisations, ratings and endorsements.

The CAO amendment is designed to achieve this transfer of responsibility by transitioning former ABF certificate holders to be relevant permit holders, and by empowering CASA to issue new relevant permits. Such permits will allow holders to operate, or continue to operate, a relevant aircraft, that is a Part 131 aircraft operated for a Part 131 recreational activity.

The CAO amendment will apply to operators and pilots of a relevant aircraft, including members of the ABF conducting Part 131 recreational activities, and to any person who is not already the holder of a balloon flight crew licence under regulation 5.09 of the Civil Aviation Regulations 1988 (CAR).

The CAO amendment will not apply to operators and pilots who hold a balloon flight crew licence issued under regulation 5.09.

Under regulation 131.325 of CASR, the operator of a Part 131 aircraft that involves a specialised balloon operation must hold an approval under regulation 131.035 of CASR and operate the aircraft in accordance with the conditions of the approval. The ABF had no role in relation to specialised operations so no transitions to relevant permits arise. However, relevant exemptions and conditions in the CAO amendment also apply to specialised balloon operations through the definition of relevant aircraft.

Legislation — the Act

The Civil Aviation Act 1988 (the Act) establishes the regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents.

Subsection 20AB (1) of the Act provides that 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 to do so under a civil aviation authorisation or is authorised by or under the regulations to perform that duty without the civil aviation authorisation. The CAO amendment is designed to provide such an authorisation.

Section 98 of the Act empowers the Governor-General to make regulations for the Act and the safety of air navigation. Relevantly, the Governor-General has made CASR and 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 and11.G of CASR empower the issue of instruments of exemption and direction. The CAO is an instrument so empowered and is comprised of exemptions and directions.

Legislation — exemptions

Subpart 11.F of CASR deals with exemptions. Under subregulation 11.160 (1), and for subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from a provision of CASR in relation to a matter mentioned in subsection 98 (5A). Subsection 98(5A) matters are, in effect, those affecting the safety, airworthiness or design of aircraft.

Under subregulation 11.160 (2), an exemption may be granted to a person or a class of persons. Under subregulation 11.160 (3), CASA may grant an exemption on application, or on its own initiative.

Under subregulation 11.170 (3), for an application for an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.

For making a decision on its own initiative, CASA is guided by the requirement in subsection 9A (1) of the Act that in exercising its powers and functions CASA must regard the safety of air navigation as the most important consideration. CASA also takes account of subregulation 11.170 (3) that an acceptable level of safety must be preserved.

Under regulation 11.205, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.210, it is a strict liability offence not to comply with the obligations imposed by a condition.

Under regulation 11.225, CASA must, as soon as practicable, publish on the internet details of all exemptions under Subpart 11.F.

Under subregulation 11.230 (1), an exemption may remain in force for 3 years or for a shorter period specified in the instrument.

Under subregulation 11.230 (3), an exemption, in force in relation to a particular aircraft owned by a particular person, ceases to be in force when the aircraft ceases to be owned by that person. Under regulation 11.235, an exemption is not transferable (as between operators, aircraft, etc.).

Legislation — directions

Under paragraph 11.245 (1) (a) of CASR, for subsection 98 (5A) of the Act, CASA may, by instrument, issue a direction about any matter affecting the safe navigation and operation of aircraft. Under subregulation 11.245 (2), CASA may issue such a direction only if CASA is satisfied that it is necessary in the interests of safety, only if the direction is not inconsistent with the Act, and only for the purposes of CASA’s functions.

Under regulation 11.250, a direction ceases to be in force on a day specified in the instrument or, if no day is specified, 1 year after the instrument commences. Under subregulation 11.255 (1), it is an offence to contravene a direction under regulation 11.245 that is applicable to the person.

Amendments

Under subsection 33 (3) of the Acts Interpretation Act 1901 where regulations empower the making of an instrument, the power includes a parallel power to amend the instrument. The CAO amendment is made under the same head of power, and in the same manner, as the CAO.

CAO amendment

The specific details of the CAO amendment are technical and these forensic adjustments are explained in Appendix 1.

Aviation safety

In determining whether to issue the CAO amendment, CASA had regard to the safety of air navigation as the most important consideration.

CASA is satisfied that, given the nature of the amendments involved, an acceptable level of aviation safety will be preserved, and the safety of air navigation maintained for the period during which the instrument will be in force, that is, until the end of 1 December 2024.

Legislation Act 2003 (the LA)

Exemptions under Subpart 11.F of CASR are “for subsection 98 (5A)” of the Act, that is, for regulations which empower the issue of certain instruments, like the CAO amendment, in relation to “(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft”, and “(b) the airworthiness of, or design standards for, aircraft”.

The CAO amendment is clearly one in relation to matters affecting the safe navigation and operation of aircraft. Under subsection 98 (5AA) of the Act, an exemption issued under paragraph 98 (5A) (a), for such matters, is a legislative instrument if expressed to apply in relation to a class of persons, a class of aircraft or a class of aeronautical products (as distinct from a particular person, aircraft or product).

The CAO amendment, comprised of exemption-related amendments, is generic in nature and applies to classes of persons. It is, therefore, a legislative instrument subject to registration, and tabling and disallowance in the Parliament, under section 15G, and sections 38 and 42, of the LA.

Sunsetting

As the CAO amendment relates to aviation safety and is made under CASR, that means that Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument (as per item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). The CAO amendment deals with aviation safety matters that, once identified, require a risk response or treatment plan. Generally speaking, item 15, when invoked, is necessary in order to ensure that, in the interests of aviation safety, a relevant instrument has enduring effect, certainty and clarity for aviation operators both domestic and international.

In this case, the CAO amendment amends the CAO and is almost immediately spent and repealed in accordance with the automatic repeal provisions in Subdivision A in Division 1 of Part 3 of Chapter 3 of the LA. The CAO, as amended, will be repealed at the end of 1 December 2024 within the sunsetting period. Thus, in practice, no sunsetting avoidance issues arise and there is no impact on parliamentary oversight in this respect.

Incorporation by reference

Under subsection 98 (5D) of the Act, the instrument may apply, adopt or incorporate any matter contained in any instrument or other writing. A non-legislative instrument may be incorporated into a legislative instrument made under the Act as that non-legislative instrument exists or is in force at a particular time or from time to time (including a non‑legislative instrument that does not exist when the legislative instrument is made).

Under paragraph 15J (2) (c) of the LA, the Explanatory Statement must contain a description of the incorporated documents and indicate how they may be obtained.

References to provisions of CASR and CAR are taken to be as they are in force from time to time, by virtue of paragraph 13 (1) (c) of the LA. CASR and CAR are freely available online on the Federal Register of Legislation.

References to the Manual are to the CASA Recreational Ballooning Procedures Manual, as in force from time to time. The CASA Recreational Ballooning Procedures Manual is a modified version of the former ABF operations manual that was in force immediately before 2 December 2023. The CASA Manual is available on the CASA website Civil Aviation Safety Authority (casa.gov.au).

Economic and cost impact, and sector risks

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.

In terms of economic and cost impacts for subsection 9A (3) of the Act, the CAO amendment will apply to ensure continuity in the administration of Part 131 recreational activities and specialised balloon operations under the CAO.

CASA has assessed that increased costs will occur in relation to the assessment of knowledge for a relevant permit and the fees chargeable by CASA for a relevant permit. CASA is implementing mechanisms to minimise these added costs to the greatest practicable extent, consistent with aviation safety and CASA’s existing fee regime for comparable activities.

Sector risks

Only one sector is involved, namely, Part 131 recreational activities and specialised balloon operations, and the CAO amendment will not be the cause of greater or lesser risks within the sector.

Rural and regional impacts

As far as practicable, Explanatory Statements drafted by CASA for subordinate legislation seek to identify the impact on the various categories of operations as well as on communities in regional and remote Australia served by those operations and how these impacts have been considered.

In the case of the CAO amendment, there are no identified rural and regional impacts that differ in any material way from the general economic and cost impacts, or sector risks, described above.

Environmental impact

Under subsection 9A (2) of the Act, while regarding the safety of air navigation as the most important consideration, CASA must exercise its powers and perform its functions in a manner that ensures that, as far as practicable, the environment is protected from the effects and associated effects of the operation and use of aircraft.

It is not anticipated there will be any negative environmental impacts as a result of the CAO amendment. It does not create any new environmental impacts.

Consultation

Under section 16 of the Act, in performing its functions and exercising its powers, CASA must consult government, industrial, commercial consumer and other relevant bodies and organisations insofar as CASA considers such consultation to be appropriate.

Under section 17 of the LA, before a legislative instrument is made, CASA must be satisfied that it has undertaken any consultation it considers appropriate and practicable in order to draw on relevant expertise and involve persons likely to be affected by the proposals.

Exemptions from regulatory requirements are considered to be beneficial for those to whom they apply, who voluntarily elect to take advantage of them, and who comply with their conditions. It is, therefore, rarely necessary to engage in extensive public consultation on a proposed exemption. However, it is CASA’s policy to consult, where possible, in an appropriate way with those parts of the aviation industry most likely to avail themselves of, or be affected by, an exemption so that they may have the opportunity to comment on the possible or likely terms, scope and appropriateness of the exemption.

The CAO amendment was publicly consulted on the CASA web-based consultation hub for 2 weeks from 11 to 25 September 2023. Twelve responses were received and there were no objections to making of the amendment. A summary of consultation will be published on the CASA website.

Office of Impact Analysis (OIA)

An Impact Analysis (IA) is not required because the CAO amendment, as a vehicle for exemptions, is covered by a standing agreement between CASA and OIA under which an IA is not required for exemption or direction instruments (OIA id: 14507).

Statement of Compatibility with Human Rights

The Statement in Appendix 1 is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The CAO amendment is essentially a machinery instrument only, designed to transfer the administration of Part 131 recreational activities and specialised balloon operations from the ABF to CASA at the request of the ABF. As such, it does not directly give rise to any human rights issues.

Commencement and making

The CAO amendment commences on 2 December 2023.

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

Appendix 1

1 Name of instrument

  This section names the instrument.

2 Commencement

  Under this section, the instrument commences on 2 December 2023.

3 Amendment of Civil Aviation Order 95.54

  Under this section. Schedule 1 amends Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2021.

Schedule 1 Amendments

[1] Subsection 2

This amendment preserves the original repeal date of the end of 1 December 2024 and removes mention of the ABF.

[2] Subsection 4

Under this amendment, an exemption under the Order applies in relation to a relevant aircraft only if the pilot in command holds a relevant permit.

[3] Subsection 5, Definitions of ABF operations manual, ASAO, ASAO authorisation, ASAO certificate, Part 105 ASAO, Part 131 recreational activity (including the Note), relevant aircraft and relevant parachuting organisation

This amendment deletes definitions related to the role of the ABF.

[4] Subsection 5, Definitions

This amendment inserts some new definitions. These include the following:

Manual means the CASA Recreational Ballooning Procedures Manual, as in force from time to time.

A Note explains that the CASA Recreational Ballooning Procedures Manual is a modified version of the former ABF operations manual that was in force immediately before 2 December 2023. The CASA Manual is available on the CASA website Civil Aviation Safety Authority (casa.gov.au).

relevant aircraft means a Part 131 aircraft engaged in either a Part 131 recreational activity or a specialised balloon operation.

relevant permit has the meaning given by subsections 5A and 5B which describe how ABF certificates will transition to relevant permits. Relevant permits only apply for relevant aircraft.

specialised balloon operation has the meaning given by regulation 131.020 of CASR. This is detailed but includes non-balloon transport operations that involve: carriage or fitment of things that affect the flight characteristics of the aircraft; carrying a load (other than a hang glider) outside the aircraft; operating the aircraft for advertising, or making a film or television production, solely or predominantly for hire or reward; or a flight into or out of Australian territory. Under regulation 131.325 of CASR, the operator of a Part 131 aircraft that involves a specialised balloon operation must hold a CASA approval under regulation 131.035.

[5] After subsection 5

This amendment creates new subsection 5A to provide for relevant permits. These permits are authorisations that existing holders of ABF certificates are deemed to hold and that will allow them to continue to operate a Part 131 aircraft engaged in a Part 131 recreational activity. Thus, a relevant permit means:

(a) the permit a person is deemed to hold under Table 5A.1 that authorises the permit holder to operate a relevant aircraft; or

(b) the permit a person is deemed to hold under Table 5A.2; or

(c) the permit mentioned in Table 5A.3, that under subsection 12 is issued to a person by CASA on or after 2 December 2023, that authorises the permit holder:

 (i) to operate a relevant aircraft; or

 (ii) to operate a radio in a relevant aircraft; or

 (iii) to carry a hang glider outside a Part 131 aircraft in a Part 131 recreational activity.

The accompanying, self-explanatory Tables show how the transition operates:

 Table 5A.1

 Table 5A.2

 Table 5A.3

[6] After subsection 5A

Under this amendment, a relevant permit also means one of the following:

(a) a CP(B)L;

(b) a certificate of validation issued under Part 5 of CAR.

This amendment ensures that these holders also have the benefit of the exemptions in the CAO amendment.

[7] After subsection 5B

Under this amendment, new subsection 5C provides that for paragraph 20AB (1) (b) of the Act, the following are taken to constitute an authorisation to perform a duty essential to the operation of a relevant aircraft without holding a flight crew licence:

(a) the holding of a relevant permit that is not a flight crew licence; and

(b) compliance with the requirements set out in this Order.

However, if a person makes airborne radio transmissions on aeronautical HF frequencies, the person must:

(a) hold a current flight radiotelephone licence; or

(b) be authorised to make the transmissions under Part 61 or Part 64 of CASR.

[8] After subsection 6

Under the amendment, new subsection 6A provides that for a relevant aircraft that is also a class B aircraft, a person is exempted from compliance with a requirement of subparagraph 42ZC(4) (db) (i) of CAR. Under this subparagraph, only the holder of a commercial pilot (balloon) licence or a private pilot certificate (balloons) could carry out in Australia the balloon maintenance tasks listed in Part 2 of Schedule 8 of CAR.

With the withdrawal of the ABF from administration of relevant aircraft, it is necessary to provide that the holder of the replacement relevant permit may conduct such maintenance. This is achieved by exempting from subparagraph 42ZC (4) (db) (i) of CAR, and then making it a condition of the exemption that the person wishing to carry out the relevant maintenance must be the holder of one of the following that is valid for the aircraft:

(a) a commercial pilot (balloon) licence;

(b) a private pilot certificate (balloons);

(c) a relevant permit within the meaning under sub-subparagraph (c) (i) of the definition of relevant permit in subsection 5A.

[9] Paragraph 7 (2), including the Note

This amendment deletes mention of the ABF authorisation and substitutes reference to a relevant permit.

[10] Paragraph 8 (2)

This amendment deletes mention of the ABF authorisation and substitutes reference to a relevant permit.

[11] Paragraph 8 (2), Table 8 (1)

Under existing paragraph 8 (1) of the CAO, the pilot in command of a Part 131 aircraft engaged in a Part 131 recreational activity is exempted from compliance with a requirement of provisions mentioned in Table 8 (1) (to hold an authorisation or approval, as applicable, from a Part 131 ASAO), for the purpose mentioned for the item in column 2 of the Table (flying at night; operating a Part 131 aircraft).

Since the scheme for Part 131 ASAO has not yet been fully implemented, the ABF was performing an analogous function.

The purpose of the amendment is to add an additional purpose for which the exemption also applies, namely, to carry a hang glider.

[12] Subsections 9 and 10

This amendment repeals subsections 9 and 10 which contain directions to the ABF, and to relevant pilots to comply with ABF requirements. A substitute subsection 9 restores and extends the safety compliance obligations of the 2 subsections by imposing requirements on relevant permit holders.

Thus, before commencing a flight in a relevant aircraft that involves a VFR flight by night, the pilot in command must:

(a) hold a relevant permit authorising the flight; and

(b) meet the day VFR recency requirements in the Manual.

Additionally, the pilot in command must not operate a relevant aircraft in Class A, Class B, Class C or Class D airspace, or in a restricted area unless:

(a) the relevant aircraft is fitted with, or is carrying, a radio capable of two-way communication with air traffic control; and

(b) if the controlled airspace in which the relevant aircraft is operating requires a transponder to be fitted to, or carried on, the relevant aircraft — the relevant aircraft is fitted with, or carries, a transponder that is suitable for use in the airspace; and

(c) the pilot in command holds a current pilot licence with an aircraft category rating, the valid privileges of which include operating in controlled airspace and at a controlled aerodrome; and

(d) the pilot in command has a valid flight review for the aircraft’s class rating under Part 61 of CASR.

[13] Subsection 11, the chapeau

This amendment redrafts the opening words of the chapeau so that all exemptions in the CAO amendment are covered, including the new exemptions under subsection 6A.

[14] Subparagraph 11 (v)

This amendment deletes mention of compliance with the now expired CASA 502/08 – Approval – conduct of emergency procedures proficiency tests as a condition of the exemptions.

[15] Subsection 11, the Note

This amendment inserts a guidance Note to the effect that the exemptions under the CAO do not affect the requirement for an operator or pilot in command to comply with other applicable provisions of CAR or CASR. If there is a conflict between any of the provisions in the CAO amendment and a similar provision in CASR Part 91 or CASR Part 131, the CASR provision takes priority.

[16] After subsection 11

This amendment adds 2 new subsections.

First, under new subsection 12, the already existing exemptions in subsections 6, 7 and 8 of the CAO are subject to the condition that the operator and the pilot in command of a relevant aircraft must comply with the following requirements:

(a) the relevant aircraft may only be operated by a person who holds one of the following to operate the aircraft in a Part 131 recreational activity:

 (i) a CP(B)L;

 (ii) a certificate of validation issued under Part 5 of CAR;

 (iii) a relevant permit;

(b) the relevant aircraft may only be operated in accordance with the rules, regulations and directions that:

 (i) are specified in the Manual (as defined); and

 (ii) apply to the operation of the aircraft.

Secondly, new subsection 13 deals with applications to obtain a relevant permit.

Thus, the subsection applies to a person (an applicant) who, before 2 December 2023, if it were not for the CAO amendment, would have applied to the ABF for an ABF certificate or approval mentioned in Table 5A.1 or Table 5A.2. The exemptions, directions and conditions in the CAO apply but only if:

(a) the applicant applies to CASA for a subsection 13 relevant permit; and

(b) CASA, in accordance with the requirements under the Manual, grants the applicant the relevant permit, with or without conditions.

Procedural and other requirements under Subparts 11.B and 11.BA of CASR are to be taken to apply for the purposes of an application.

Potential applicants may be foreign applicants, that is, a person:

(a) who holds a current qualification equivalent to an ABF private pilot (balloon) certificate and an ABF radio operator (balloon) certificate, each of which was granted by the national aviation authority of a Contracting State; and

(b) who intends to conduct a Part 131 recreational activity in Australia, in an Australian-registered balloon, over a period not longer than 30 days; and

(c) for whom the Manual contains specific requirements which the person must satisfy to be granted a private pilot (balloon) permit and a radio operator (balloon) permit under this Order.

Appendix 2

Statement of Compatibility with Human Rights

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

Civil Aviation Order 95.54 Amendment Instrument 2023 (No. 1)

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 the legislative instrument

The purpose of Civil Aviation Order 95.54 Amendment Instrument 2023 (No. 1) (the CAO amendment) is to amend Civil Aviation Order 95.54 (Part 131 Recreational Activity and Specialised Balloon Operations) Instrument 2021 (the CAO).

The CAO amendment, which commences on 2 December 2023, has the two-fold effect of terminating the role of the Australian Ballooning Federation (the ABF) in the administration of Part 131 recreational activities under the CAO and providing that the Civil Aviation Safety Authority (CASA) will perform that function until it makes a decision otherwise.

The ABF historically administered recreational (private) balloon activities, primarily under a deed of agreement with CASA. As part of the transition to full implementation of Part 131 of the Civil Aviation Safety Regulations 1998 (CASR), the ABF was directed in the CAO to fulfil the obligations assigned to an approved self-administering aviation organisation (an ASAO) as contained in Part 131 of CASR. This direction was based on the intent of the ABF at that time to apply for an ASAO certificate under Part 149 of CASR.

However, the ABF has informed CASA that it no longer wishes to be responsible for recreational balloon activities after 1 December 2023 for financial and logistical reasons.

Effective on and from 2 December 2023, CASA will assume the function of administering and oversighting recreational balloon activities, including ab initio pilot training and the granting of recreational pilot authorisations, ratings and endorsements.

The CAO amendment is designed to achieve this transfer of responsibility by transitioning former ABF certificate holders to be relevant permit holders, and by empowering CASA to issue new relevant permits. Such permits will allow holders to operate, or continue to operate, a relevant aircraft, that is a Part 131 aircraft operated for a Part 131 recreational activity.

The CAO amendment will apply to operators and pilots of a relevant aircraft, including members of the ABF conducting Part 131 recreational activities, and to any person who is not already the holder of a balloon flight crew licence under regulation 5.09 of the Civil Aviation Regulations 1988.

The CAO amendment will not apply to operators and pilots who hold a balloon flight crew licence issued under regulation 5.09.

Under regulation 131.325 of CASR, the operator of a Part 131 aircraft that involves a specialised balloon operation must hold an approval under regulation 131.035 of CASR and operate the aircraft in accordance with the conditions of the approval. However, the exemptions and conditions in the CAO amendment will also apply to specialised balloon operations through the definition of a relevant aircraft.

The CAO amendment will not apply to operators and pilots who hold a balloon flight crew licence issued under regulation 5.09.

Human rights implications

The CAO amendment is essentially a machinery instrument only, designed to transfer the administration of Part 131 recreational activities and specialised balloon operations from the ABF to CASA at the request of the ABF. As such, it does not directly give rise to any human rights issues.

Conclusion

The CAO amendment is compatible with human rights.

Civil Aviation Safety Authority