Instrument CASA 72/18 — CASA 490/05 Amendment Instrument 2018 (No. 1)

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

Legislation au F2018L01483 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

CASA 72/18 — CASA 490/05 Amendment Instrument 2018 (No. 1)

Purpose

The purpose of CASA 72/18 — CASA 490/05 Amendment Instrument 2018 (No. 1) (the instrument) is to amend instrument CASA 490/05, Designation of airspace for broadcast requirements — aerodromes with certified air/ground radio services (CASA 490/05), by omitting redundant provisions in the latter instrument dealing with:

(a)   the designation of the airspace above Broome aerodrome, in which broadcast requirements apply, under paragraph 99A (1) (b) of the Civil Aviation Regulations 1988 (CAR); and

(b)   directions about the radio frequency on which broadcasts must be made in that designated broadcast area, under subregulation 99A (3) of CAR.

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 CAR.

 

Under paragraph 99A (1) (b) of CAR, the Civil Aviation Safety Authority (CASA) may designate airspace within defined horizontal and vertical limits as an area (a designated area) in which broadcast requirements apply.

 

Under subregulation 99A (3) of CAR, CASA may give directions specifying:

(a)   the broadcast requirements that apply; and

(b)   the radio frequency on which broadcasts must be made;

in a designated area.

 

Under subregulation 99A (5) of CAR, a pilot in command of an aircraft that is operating in a designated area must not contravene a direction that applies to the area. Subregulation 99A (6) of CAR states that an offence against subregulation (5) is an offence of strict liability.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901 (the AIA), 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.

 

Overview of instrument

At designated non-controlled aerodromes, to address particular safety or operational requirements, CASA may require aircraft operators to make radio broadcasts using a common frequency. In 2005, by CASA 490/05, CASA designated the area around Broome aerodrome (at the time, a non-controlled aerodrome) as an area for which broadcast requirements apply.

 

Broome aerodrome is now a controlled aerodrome with controlled airspace around the aerodrome. Accordingly, it is an aerodrome at which an air traffic control service is operating, and local control frequencies are used for its local air traffic control service.

 

In these circumstances, the requirements of CASA 490/05 no longer apply in relation to Broome aerodrome. The wording in that instrument specific to Broome aerodrome is redundant, and may be omitted.

 

In accordance with subsection 33 (3) of the AIA, CASA 490/05 is amended by omitting the wording in that instrument specific to Broome aerodrome.

 

Content of instrument

Amendment 1 of Schedule 1 of the instrument omits the words in clause 3 of Schedule 1 of CASA 490/05 that identify the designated area for Broome aerodrome.

 

Amendment 2 of Schedule 1 of the instrument omits the words in Schedule 3 of CASA 490/05 that state the radio frequency that applies for broadcasts in the designated area for Broome aerodrome.

 

Legislation Act 2003 (the LA)

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. The instrument amends CASA 490/05, which was registered as a legislative instrument. Therefore, the instrument is also a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

CASA has consulted Airservices Australia in relation to the proposed amendments of CASA 490/05, and it indicated that it had no objection to the proposed amendments.

 

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

 

Office of Best Practice Regulation (OBPR)

OBPR has assessed that a Regulation Impact Statement is not required in relation to the amendments of CASA 490/05 in the instrument (OBPR id: 24429).

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Attachment 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 a delegate of CASA, relying on the power of delegation under subregulation 11.260 (1) of CASR.

 

The instrument commences on the day after it is registered, and is automatically repealed in accordance with section 48A of the LA.

Attachment 1

Statement of Compatibility with Human Rights

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

 

CASA 72/18 — CASA 490/05 Amendment Instrument 2018 (No. 1)

 

The 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 the legislative instrument is to amend instrument CASA 490/05, Designation of airspace for broadcast requirements — aerodromes with certified air/ground radio services, by omitting redundant provisions in the latter instrument dealing with:

(a)   the designation of the airspace above Broome aerodrome, in which broadcast requirements apply, under paragraph 99A (1) (b) of the Civil Aviation Regulations 1988 (CAR); and

(b)   directions about the radio frequency on which broadcasts must be made in that designated broadcast area, under subregulation 99A (3) of CAR.

 

Human rights implications

The legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

The legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Regulations 1988 Amendment Instrument 2018 (No. 1), issued under the authority of the Civil Aviation Act 1988, aims to streamline and update existing regulations by removing redundant provisions concerning broadcast requirements at Broome aerodrome. This amendment was necessitated by the transition of Broome aerodrome from a non-controlled to a controlled aerodrome, which rendered certain broadcast requirements obsolete. The instrument, which was enacted by the Civil Aviation Safety Authority (CASA), removes specific references to the designated broadcast area above Broome aerodrome and the associated radio frequency directions, thereby ensuring the continued safety and efficiency of air navigation without unnecessary regulatory complexity. The legislative intent aligns with the overarching policy objective of maintaining high safety standards in civil aviation, as mandated by the Civil Aviation Act 1988.

Scope and Application

The Civil Aviation Regulations 1988 (CAR), amended by CASA 72/18 — CASA 490/05 Amendment Instrument 2018 (No. 1), apply to the designation of airspace at non-controlled aerodromes where broadcast requirements for aircraft operations are necessary to ensure the safety of air navigation. Specifically, the Act empowers the Civil Aviation Safety Authority (CASA) to designate such airspace and specify broadcast requirements and radio frequencies. This regulation is applicable nationally, covering all aerodromes within Australia. The instrument omits redundant provisions specific to Broome aerodrome, which is now a controlled aerodrome with a different set of operational requirements. The Act does not specify exclusions or thresholds but allows for further amendment or variation through subordinate instruments. The legislative instrument is compatible with human rights as it does not raise any human rights issues, as confirmed by the Statement of Compatibility with Human Rights.

Key Provisions

The main operative sections of CASA 72/18 — CASA 490/05 Amendment Instrument 2018 (No. 1) are sections that pertain to the designation of airspace for broadcast requirements at aerodromes with certified air/ground radio services. Specifically, the instrument amends CASA 490/05 by omitting provisions related to the airspace above Broome aerodrome, where broadcast requirements apply under paragraph 99A(1)(b) of the Civil Aviation Regulations 1988 (CAR), and the radio frequency for broadcasts in this designated area, as per subregulation 99A(3) of CAR. This amendment is due to the fact that Broome aerodrome is now a controlled aerodrome, making the previous broadcast requirements redundant. Under the Civil Aviation Regulations 1988, the Civil Aviation Safety Authority (CASA) has the authority to designate airspace areas where specific broadcast requirements apply. This is done to ensure safety and operational efficiency in aviation. Pilots in command of aircraft operating in these designated areas are required to comply with the broadcast requirements specified by CASA. The Act mandates strict liability for any contraventions of these requirements, meaning that pilots can be held liable even if the contravention was unintentional. The obligations imposed by this instrument on the parties it governs include compliance with the amended broadcast requirements, which now exclude the previously designated airspace around Broome aerodrome. Aircraft operators must ensure that their pilots are aware of and adhere to the new regulations, which no longer include the airspace above Broome aerodrome. CASA also retains the responsibility to issue directions regarding broadcast requirements and frequencies, ensuring that these are updated to reflect current operational needs and safety standards. Any failure to comply with the amended broadcast requirements under subregulation 99A(5) of CAR is considered an offence of strict liability, as stated in subregulation 99A(6). This means that pilots can be held accountable for non-compliance even if it was not due to negligence or intent to contravene the regulations. The Civil Aviation Act 1988 does not specify a maximum penalty for such offences, leaving it to the courts to determine appropriate sanctions based on the circumstances of each case. These penalties could range from fines to more severe consequences, depending on the nature and impact of the breach.

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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.