Civil Aviation Safety Amendment (Flight Operations—Parts 119 and 138) Regulations 2022

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

Legislation au F2022L01612 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government

Civil Aviation Act 1988

Civil Aviation Safety Amendment (Flight Operations - Parts 119 and 138)

Regulations 2022

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 98(1) of the Act provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 98(1) also provides that the Governor‑General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation (the Chicago Convention) relating to aviation safety, and in relation to the safety of air navigation, being regulations with respect to any other matters about which the Parliament has power to make laws.

Subsection 9(1) of the Act specifies, in part, that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.

The Civil Aviation Safety Regulations 1998 (CASR) are made under the Act. Relevantly, CASR Part 119 governs the certification and management of persons conducting air transport operations, which cover commercial passenger and cargo operations, and CASR Part 138 governs the conduct of aerial work operations, which cover task-specific operations such as aerial surveying.

 

CASR Part 119 includes a power for CASA to prescribe that a specified kind of operation is an air transport operation but does not include a power to prescribe that a specified kind of operation is not an air transport operation. CASR Part 138 includes a power for CASA to prescribe that a specified kind of operation is not an aerial work operation but does not include a power to prescribe that a specified kind of operation is an aerial work operation. These inadvertent omissions limit CASA’s power to provide regulatory certainty in relation to operations that do not fit neatly into the statutory definitions for these kinds of operations.

 

The Civil Aviation Safety Amendment (Parts 119 and 138) Regulations 2022 (the proposed Regulations) corrects these omissions, based on the original policy intentions for Parts 119 and 138. These amendments are necessary to provide a legal mechanism to give full effect to that policy.

 

Consultation

In accordance with section 17 of the Legislation Act 2003, CASA developed Parts 119 and Part 138 of CASR in consultation with aviation community and the public over an extended period. The consultation covered the policy to be achieved by the proposed Regulations although no specific feedback on this matter was received.

Any proposed changes to the MOS utilising the administrative power to include or exclude operations in relation to the definitions of Australian air transport operation and aerial work operation will be subject of industry consultation with the aviation community, in accordance with the requirements of Subpart 11.J of CASR. CASA will also take account of the impact of any MOS change on general aviation, and regional and remote Australia.

Regulation Impact Statement

The Office of Best Practice Regulation made the assessment that the amendment is likely to have no more than a minor impact and that a Regulation Impact Statement is not required (OBPR22-02857). The creation of the new powers does not impact general aviation, or regional and remote Australia.

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment A.

Commencement and making

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

Details of the Regulations are set out at Attachment B.

The Act specifies no conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.

The provisions of the Civil Aviation Safety Amendment (Parts 119 and 138) Regulations 2022 commence on the day after registration, as they do not impose any obligations on regulated entities.

Authority: Subsection 98(1) of the

Civil Aviation Act 1988


ATTACHMENT A

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

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

Act 2011

 

Civil Aviation Safety Amendment (Parts 119 and 138) Regulations 2022

 

This legislative instrument (the Regulations) 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 Disallowable Legislative Instrument

 

The Civil Aviation Safety Regulations 1998 (CASR) are made under the Civil Aviation Act 1988 (the Act). Relevantly, CASR Part 119 governs the certification and management of persons conducting air transport operations, which cover commercial passenger and cargo operations, and CASR Part 138 governs the conduct of aerial work operations, which cover task-specific operations such as aerial surveying.

 

CASR Part 119 includes a power for CASA to prescribe that a specified kind of operation is an air transport operation but does not include a power to prescribe that a specified kind of operation is not an air transport operation. CASR Part 138 includes a power for CASA to prescribe that a specified kind of operation is not an aerial work operation but does not include a power to prescribe that a specified kind of operation is an aerial work operation. These inadvertent omissions limit CASA’s power to provide regulatory certainty in relation to operations that do not fit neatly into the statutory definitions for these kinds of operations.

 

The Civil Aviation Safety Amendment (Parts 119 and 138) Regulations 2022 (the proposed Regulations) corrects these omissions, based on the original policy intentions for Parts 119 and 138. These amendments are necessary to provide a legal mechanism to give full effect to that policy.

 

Human rights implications

 

The Regulations do not engage with any human rights.

 

Conclusion

 

The Regulations are compatible with human rights because they do not affect the protection of human rights in any way different to the existing regulations.

 


ATTACHMENT B

Details of the proposed Civil Aviation Safety Amendment (Parts 119 and 138) Regulations 2022

 

Section 1 - Name of Regulations

 

This section provides that the title of this instrument is the Civil Aviation Safety Amendment (Parts 119 and 138) Regulations 2022.

 

Section 2 - Commencement

 

This section provides for the Regulations to commence on the day after registration on the Federal Register of Legislation.

 

Section 3 - Authority

 

This section provides that the Civil Aviation Safety Amendment (Parts 119 and 138) Regulations 2022 is made under the Civil Aviation Act 1988 (the Act).

 

Section 4 - Schedule(s)

 

This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 - Amendments

 

Civil Aviation Safety Regulations 1998 (CASR)

 

Item 1 – After paragraph 119.010(2)(c)

 

This item inserts new subparagraph 119.010(2)(d) to provide that the Part 119 Manual of Standards may prescribe an operation using an aeroplane or rotorcraft as not being an Australian air transport operation. 

 

CASR Part 119 includes the ability to prescribe certain operations as air transport operations in the Manual of Standards. However, during the regulatory development process the ability to exclude particular operations from air transport operations was overlooked. The addition of an exclusionary provision, to mirror the inclusionary provision in paragraph 119.010(1)(e), enables the definition of Australian air transport operation to be adjusted in appropriate cases without undue delay. This provides flexibility for adjustments to acceptable aviation safety risk levels that are likely to change from time to time, and also provides regulatory certainty to persons conducting operations under Part 119.


 

Item 2 – At the end of subregulation 138.010(1)

 

This item adds a new subparagraph 138.010(1)(d) to provide that the Part 138 Manual of Standards may prescribe an operation as being a kind of aerial work operation.

 

CASR Part 138 allows for the ability to prescribe certain operations as not being aerial work operations in the Manual of Standards. However, during the regulatory development process the ability to include particular operations as aerial work operations was overlooked. The addition of an inclusionary flexibility provision, to mirror the exclusionary provision in paragraph 138.010(5)(g), enables the definition of aerial work operation to be adjusted without undue delay. This provides flexibility for adjustments to acceptable aviation safety risk levels that are likely to change from time to time, and also provides regulatory certainty to persons conducting operations under Part 138.

 

Overview

The Civil Aviation Safety Amendment (Parts 119 and 138) Regulations 2022 were enacted to address oversights in the Civil Aviation Safety Regulations 1998 (CASR) pertaining to the definitions of air transport operations and aerial work operations. This legislative amendment was introduced to rectify inadvertent omissions that limited the Civil Aviation Safety Authority's (CASA) regulatory capabilities in providing certainty for operations that do not neatly fit within the existing statutory definitions. The Civil Aviation Act 1988 empowers the Governor-General to make regulations that are necessary or convenient to carry out or give effect to the Act. The policy objective of these regulations is to align the regulatory framework with the original intentions behind Parts 119 and 138 of the CASR, ensuring that CASA can effectively manage and certify air transport and aerial work operations in a manner that maintains and enhances aviation safety. The proposed regulations were developed through consultation with the aviation community and the public, although no specific feedback on these particular amendments was received. The Office of Best Practice Regulation assessed that the amendment would have no more than a minor impact and deemed a Regulation Impact Statement unnecessary. Additionally, a Statement of Compatibility with Human Rights was prepared, confirming that the regulations are compatible with human rights as they do not alter the protection of human rights in any way compared to existing regulations. The Civil Aviation Safety Amendment (Parts 119 and 138) Regulations 2022 aim to provide CASA with the necessary legal mechanisms to adjust definitions and classifications of air transport and aerial work operations as needed, thereby ensuring regulatory flexibility and certainty.

Scope and Application

The Civil Aviation Act 1988, which establishes the regulatory framework for civil aviation safety in Australia, is supplemented by the Civil Aviation Safety Amendment (Parts 119 and 138) Regulations 2022. These Regulations address inadvertent omissions in the Civil Aviation Safety Regulations 1998, particularly in the definitions and management of air transport and aerial work operations. The Civil Aviation Safety Authority (CASA) is tasked with developing and promulgating aviation safety standards and issuing certificates, licences, registrations, and permits under the Act. The Regulations specifically amend Parts 119 and 138 of the Civil Aviation Safety Regulations 1998 to provide CASA with the necessary powers to exclude certain operations from being classified as air transport operations and to include certain operations as aerial work operations, thereby enhancing regulatory flexibility and certainty. The amendments aim to align the regulatory framework with its original policy intentions, and any changes to the Manual of Standards will be subject to industry consultation. The Regulations are expected to have a minor impact, as confirmed by the Office of Best Practice Regulation, and they do not impose new obligations on regulated entities.

Key Provisions

The Civil Aviation Safety Amendment (Parts 119 and 138) Regulations 2022 amends the Civil Aviation Safety Regulations 1998 (CASR) under the Civil Aviation Act 1988. These regulations address specific gaps in the current regulatory framework concerning the definitions and classifications of air transport operations and aerial work operations. Section 1 of the Regulations establishes their title as the Civil Aviation Safety Amendment (Parts 119 and 138) Regulations 2022. The Regulations commence on the day after registration, as specified in Section 2. Section 3 clarifies that these Regulations are made under the Civil Aviation Act 1988, and Section 4 outlines the amendments to the CASR, which are detailed in the Schedule. The amendments to the CASR, detailed in Schedule 1, introduce new provisions to provide regulatory certainty and flexibility in defining air transport operations and aerial work operations. Item 1 amends CASR Part 119 to allow the Manual of Standards to prescribe an operation using an aeroplane or rotorcraft as not being an Australian air transport operation. This addition rectifies an oversight in the regulatory framework, enabling the exclusion of certain operations from air transport operations, thereby offering flexibility in defining acceptable aviation safety risk levels and providing certainty to operators. Item 2 amends CASR Part 138 to allow the Manual of Standards to prescribe an operation as being a kind of aerial work operation. This change addresses the gap in the regulatory framework that overlooked the inclusion of specific operations as aerial work operations, thereby allowing for the adjustment of the definition of aerial work operations as needed. The Civil Aviation Safety Authority (CASA) is responsible for developing and promulgating aviation safety standards and issuing certificates, licences, registrations, and permits under the Act. The Regulations impose on CASA the obligation to consult with the aviation community and the public on any proposed changes to the Manual of Standards that include or exclude operations related to the definitions of Australian air transport operations and aerial work operations. CASA must also consider the impact of any changes on general aviation, and regional and remote Australia. The Regulations do not impose any additional obligations on the regulated entities directly, but they ensure that CASA has the necessary regulatory tools to maintain and enhance aviation safety effectively. There are no specific offences or penalties outlined in the Regulations themselves. However, any breaches of the amended regulations would be subject to the penalties provided under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These may include fines and, in severe cases, imprisonment. The maximum penalties for breaches of civil aviation regulations can vary widely depending on the nature and severity of the offence, but they are designed to ensure compliance with safety standards to prevent aviation accidents and incidents. The Regulations' focus on providing regulatory clarity and flexibility does not introduce new penalties but ensures that CASA can effectively enforce existing safety standards.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.