Parts 91, 131, 133 and 135 Manuals of Standards Amendment Instrument 2026

Explanatory Statement

Civil Aviation Safety Regulations 1998

Parts 91, 131, 133 and 135 Manuals of Standards Amendment Instrument 2026

Purpose

The purpose of the Parts 91, 131, 133 and 135 Manuals of Standards Amendment Instrument 2026 (the instrument) is to amend the Parts 91, 131, 133 and 135 Manuals of Standards (the relevant MOSs) to ensure that aircraft to which a relevant MOS applies that are operating under the visual flight rules (VFR), in any of the new Class D control areas established above and surrounding Bankstown aerodrome (YSBK) control zone (CTR) (the new Class D CTAs), are fitted with a specified transponder. As transponders are surveillance equipment under the relevant MOSs, they must be operated in accordance with applicable MOS requirements for surveillance equipment.

Transponders are not required by VFR flights wholly within either the Bankstown Class D CTR or any other Class D airspace located outside the Sydney Basin.

The new Class D CTAs are designed to allow safe access to and from the existing Bankstown aerodrome (YSBK) beneath the Class C airspace created to facilitate the operation of the new Western Sydney International Airport (WSI) (YSWS). For safety, additional specified flight notification requirements also apply for all flights within the new Class D CTAs, as ATC require a filed flight plan before issuing a clearance for this airspace. (These requirements are not imposed by the amendments made by the instrument.)

Legislation

Under section 9 of the Civil Aviation Act 1988 (the Act), the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of a range of matters, including, under paragraph 9(1)(c), developing and promulgating appropriate, clear and concise aviation safety standards.

Section 98 of 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 the Civil Aviation Safety Regulations 1998 (CASR). Under subsection 98(5A) of the Act, the regulations may empower CASA to issue instruments in relation to, among other matters, matters affecting the safe navigation and operation, or the maintenance, of aircraft.

Relevant CASR provisions

Part 91 Manual of Standards

Part 91 of CASR sets out the general operating and flight rules for Australian aircraft, and specified foreign registered aircraft operating in Australian territory.

For subsection 98(5A) of the Act, regulation 91.040 of CASR empowers CASA to issue a Manual of Standards for Part 91 of CASR (the Part 91 MOS) that prescribes matters required or permitted by the regulations to be prescribed, or necessary or convenient for carrying out or giving effect to Part 91. The power in regulation 91.040 is complemented by other provisions, throughout Part 91 of CASR, which empower CASA to prescribe specific matters in the Part 91 MOS. The Part 91 MOS is also made under regulation 201.025 of CASR which empowers CASA to issue instruments prescribing matters for definitions in these Regulations relating to matters mentioned in the subsection.

Under subregulation 91.810(1) of CASR, the Part 91 MOS may prescribe requirements relating to:

(a) the fitment and non-fitment of equipment to an aircraft; and

(b) the carrying of equipment on an aircraft; and

(c) equipment that is fitted to, or carried on, an aircraft.

Under subregulation 91.810(2), a person contravenes the subregulation if the person is subject to a requirement mentioned in subregulation 91.810(1) and the requirement is not met. Under subregulation 91.810(3), a person commits an offence of strict liability (with a maximum penalty of 50 penalty units) if the person contravenes subregulation 91.810(2).

Part 131 Manual of Standards

Part 133 of CASR prescribes requirements relating to the operation of manned free balloons and hot air airships (Part 131 aircraft) and, in Subpart 131.Z, requirements relating to the operation of specified tethered gas balloons.

For subsection 98(5A) of the Act, regulation 131.055 of CASR empowers CASA to issue a Manual of Standards for Part 131 of CASR (the Part 131 MOS) that prescribes matters required or permitted by the regulations to be prescribed, or necessary or convenient for carrying out or giving effect to Part 131. The power in regulation 131.055 is complemented by other provisions, throughout Part 131 of CASR, which empower CASA to prescribe specific matters in the Part 131 MOS.

Under subregulation 131.460(1) of CASR, the Part 131 MOS may prescribe requirements relating to:

(a) the fitment and non-fitment of equipment to a Part 131 aircraft; and

(b) the carrying of equipment on a Part 131 aircraft; and

(c) equipment that is fitted to, or carried on, a Part 131 aircraft.

Under subregulation 131.460(2), a person contravenes the subregulation if the person is subject to a requirement mentioned in subregulation 131.460(1) and the requirement is not met.

Under subregulation 131.460(3), a person commits an offence of strict liability (with a maximum penalty of 50 penalty units) if the person contravenes subregulation 131.460(2).

Part 133 Manual of Standards

Part 133 of CASR prescribes requirements for the conduct of Australian air transport operations in rotorcraft. Air transport operations include passenger transport operations, cargo transport operations and medical transport operations that are conducted for hire or reward.

For subsection 98(5A) of the Act, regulation 133.020 of CASR empowers CASA to issue a Manual of Standards for Part 133 of CASR (the Part 133 MOS) that prescribes matters required or permitted by the regulations to be prescribed, or necessary or convenient for carrying out or giving effect to Part 133. The power in regulation 133.020 is complemented by other provisions, throughout Part 133 of CASR, which empower CASA to prescribe specific matters in the Part 133 MOS.

Under subregulation 133.360(1) of CASR, the Part 133 MOS may prescribe requirements relating to:

(a) the fitment and non-fitment of equipment to a rotorcraft; and

(b) the carrying of equipment on a rotorcraft; and

(c) equipment that is fitted to, or carried on, a rotorcraft.

Under subregulation 133.360(2), a person contravenes the subregulation if the person is subject to a requirement mentioned in subregulation 133.360(1) and the requirement is not met.

Under subregulation 133.360(3), a person commits an offence of strict liability (with a maximum penalty of 50 penalty units) if the person contravenes subregulation 133.360(2).

Part 135 Manual of Standards

Part 135 of CASR prescribes requirements for the conduct of Australian air transport operations in smaller aeroplanes (aeroplanes that have a maximum operational passenger seating configuration of not more than 9 and a maximum take-off weight of not more than 8 618 kg).

For subsection 98(5A) of the Act, regulation 135.025 of CASR empowers CASA to issue a Manual of Standards for Part 135 of CASR (the Part 135 MOS) that prescribes matters required or permitted by the regulations to be prescribed, or necessary or convenient for carrying out or giving effect to Part 135. The power in regulation 135.025 is complemented by other provisions, throughout Part 135 of CASR, which empower CASA to prescribe specific matters in the Part 135 MOS.

Under subregulation 135.370(1) of CASR, the Part 135 MOS may prescribe requirements relating to:

(a) the fitment and non-fitment of equipment to an aeroplane; and

(b) the carrying of equipment on an aeroplane; and

(c) equipment that is fitted to, or carried on, an aeroplane.

Under subregulation 135.370(2), a person contravenes the subregulation if the person is subject to a requirement mentioned in subregulation 135.370(1) and the requirement is not met.

Under subregulation 135.370(3), a person commits an offence of strict liability (with a maximum penalty of 50 penalty units) if the person contravenes subregulation 135.370(2).

CASR Dictionary

Part 1 of the CASR Dictionary provides the following definitions:

authorised aeronautical information, for a flight of an aircraft, means the aeronautical maps, charts and other aeronautical information relevant to the route of the flight, and any probable diversionary route, that are published:

(a) if paragraph (b) does not apply:

 (i) in the AIP; or

 (ii) by a data service provider; or

 (iii) in NOTAMs; or

(b) for a flight in a foreign country:

 (i) in the document that in that country is equivalent to the AIP; or

 (ii) by an organisation approved to publish aeronautical information by the national aviation authority of that country.

control area:

(a) has the same meaning as in Annex 11 to the Chicago Convention; and

(b) in relation to Australian-administered airspace — includes a volume of airspace determined to be a control area under paragraph 5(1)(c) of the Airspace Regulations 2007.

control zone:

(a) has the same meaning as in Annex 11 to the Chicago Convention; and

(b) in relation to Australian-administered airspace — includes a volume of airspace determined to be a control area under paragraph 5(1)(b) of the Airspace Regulations 2007.

Relevant MOS provisions

Part 91 MOS

Section 1.07 provides the following definitions:

authorised aeronautical information: see the CASR Dictionary.

control area has the meaning given by Part 1 of the CASR Dictionary.

control zone has the meaning given by Part 1 of the CASR Dictionary.

Section 26.67 defines surveillance equipment as meaning equipment that broadcasts data as a means to identify an aircraft, determine its three-dimensional position or obtain other information (such as, but not limited to, velocity and selected altitude or flight level).

Section 26.68 is titled “Required surveillance equipment”. Subsection 26.68(1) provides that an aircraft for a flight for which surveillance equipment is required under this section must be fitted with surveillance equipment that meets the requirements relevant to the intended operation and class of airspace.

Subsection 26.68(2) provides that, for subsection (1), an aircraft in an operation mentioned in column 1 of an item in Table 26.68 (2), in the class of airspace mentioned in column 2 of the item, must be fitted with surveillance equipment meeting the requirements mentioned in column 3 of the item.

Parts 131, 133 and 135 MOS provisions

The Parts 131, 133 and 135 Manuals of Standards also include similar definitions to those of the Part 91 MOS that are mentioned above.

Each of these MOSs also include a similar provision to section 26.68 of the Part 91 MOS in relation to surveillance equipment — see section 26.21 of the Part 131 MOS, section 11.53 of the Part 133 MOS and section 11.60 of the Part 135 MOS.

Other legislation

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 Legislation Act 2003 (the LA), subsection 33(3) applies to legislative instruments as if each provision of the instrument were a section of an Act.

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), 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.

Background

The introduction of the YSWS flight paths and airspace changes to implement WSI requires airspace changes around Bankstown aerodrome (YSBK). These airspace changes have been approved by the Office of Airspace Regulation (OAR) and will commence on 9 July 2026. Details of the airspace changes will be published by Airservices Australia (AA) in the Designated Airspace Handbook (DAH). The airspace changes support the safe and efficient integration of WSI into the national airspace system.

The aviation industry has been aware of the proposed transponder requirement for some time. In December 2023, AA published an industry briefing paper for comment titled Proposed changes to general aviation operations in the Sydney basin in support of the new Western Sydney International (Nancy-Bird Walton) Airport (the AA Briefing Paper) which proposed the following changes:

• lateral expansion of the YSBK CTR
• reclassifying a volume of airspace north and south of YSWS and between YSWS and YSBK from Class G to Class D with flight planning requirements and a mandatory transponder zone (Class D+).

The AA Briefing Paper stated that “The proposed changes are intended to provide continued safe and equitable access for both IFR and VFR operators to the Sydney Basin after the implementation of YSWS airspace and flight paths.”. The AA Briefing Paper also stated that “CASA has advised that if the Class D+ proposal is approved, regulatory changes will be necessary to implement the requirement to carry a transponder.”. (As at the commencement of the instrument, the AA Briefing Paper is available online at the Aviation State Engagement Forum website at <https://www.avsef.gov.au>.)

To clarify, while the term “Class D+” was used to generally describe Class D airspace that would require additional conditions of use when compared to all other existing Class D airspace, the reclassified volumes of airspace are the new Class D CTAs that are detailed in the amendments relating to transponders.

Due primarily to the confined nature of the available airspace for entry and exit to Bankstown aerodrome (YSBK), outside of Class C airspace, and the anticipated volume of movements in this confined airspace, various volumes of Class G airspace are being designated Class D CTA which will contain VFR routes with specific procedures required for their use. The VFR routes to and from Bankstown aerodrome are mostly contained in the new Class D CTAs. The new Class D CTAs require:

• specific flight notification resulting in ATC having a filed flight plan
• VFR routes to be flown at 1 500, 1 800 or 2 500 ft above mean sea level (AMSL), depending on location
• a transponder to be fitted, as per the requirements for Class C airspace.

VFR aircraft operating on published VFR routes in the proposed Class D CTAs can expect a coded clearance which will be published in the Aeronautical Information Publication (the AIP), specifically the YSBK ERSA FAC. Coded clearances are predefined clearances which reflect the new VFR routes and are referred to by name only, to minimise radio congestion.

The flight notification requirements for VFR flights in Class D airspace are already adequately expressed in section 9.02 of the Part 91 MOS which requires pilots in command to submit a flight plan in accordance with procedures published in the AIP for a VFR flight in Class D airspace. Additional guidance material will likely be added to the Part 91 Acceptable Means of Compliance/Guidance Material (AMC/GM) regarding CASR 91.240 Flight Notifications for clarity.

However, the current MOS equipment requirements do not require VFR aircraft to be fitted with transponders for flight in Class D airspace and require amending.

Aircraft transponders communicate with ATC to identify and report the position of aircraft. The main types of civilian aircraft transponder types (or modes) are Mode A (identification (squawk) code), Mode C (identification and pressure altitude) and Mode S (advanced data exchange capability often integrated with ADS-B (Automatic Dependent Surveillance-Broadcast)). Mode A is the most basic transponder mode, Mode C includes altitude information while Mode S, short for “Mode Select”, offers the same features as both Mode A and Mode C but includes more advanced communications capabilities.

The MOS amendments made by this instrument require aircraft to be fitted with a transponder of a specified kind in the following new Class D control areas (the new Class D CTAs):

• Bankstown CTA D1
• Sydney CTA D1
• Western Sydney CTA D1
• Western Sydney CTA D2
• Western Sydney CTA D3.

Bankstown CTA D1 defines the Class D CTA above Bankstown aerodrome (YSBK) control zone (CTR). Sydney CTA D1 contains the one-way (outbound only) Woronora VFR route from the Bankstown aerodrome CTR. Western Sydney CTA D1 contains VFR routes to and from the Bankstown aerodrome CTR. Western Sydney CTA D2 defines the Class D CTA to the north of Bankstown aerodrome above 1 500 ft AMSL and Western Sydney CTA D3 defines the Class D CTA to the south of Bankstown aerodrome above 1 500 ft AMSL.

The instrument works in tandem with the amendments to be made to various Civil Aviation Orders (CAOs) by the Civil Aviation Orders 95.4, 95.10, 95.12, 95.12.1, 95.32 and 95.55 Amendment Instrument 2026 (the CAO amendments instrument). Those amendments will also commence on 9 July 2026. The amendments made by the CAO amendments instrument will require aircraft to which the amended CAOs apply that are operating in the new Class D CTAs to be fitted with appropriate transponders. For further details regarding those requirements see the Explanatory Statement for the CAO amendments instrument.

Overview of instrument

In accordance with subsection 33(3) of the Acts Interpretation Act 1901, the instrument amends the relevant MOSs to impose requirements for the fitting of specified transponders on aircraft to which each MOS applies that are flown under the VFR in any of the new Class D CTAs. These requirements are imposed on the operator (or, in the case of the amendment to the Part 91 MOS, the pilot in command). To achieve this, the instrument amends the surveillance equipment requirements of the relevant MOSs to require specified transponders to be fitted to such aircraft. This ensures the required transponders must be operated in accordance with the general requirements for the operation of surveillance equipment set out in the MOS that is amended.

For each of the relevant MOSs, the term surveillance equipment is defined to mean equipment that broadcasts data as a means to identify an aircraft, determine its three‑dimensional position or obtain other information (such as, but not limited to, velocity and selected altitude or flight level).

CASA has assessed the impact that the instrument will have on aviation safety and is satisfied that the additional requirement for aircraft flying in any of the new Class D CTAs to be fitted with a transponder that meets applicable MOS surveillance equipment requirements (and to submit a flight plan) is necessary to ensure safe operations following the opening of WSI, and will enhance safety when compared to the current controls for flight in Class G airspace and other existing Class D CTA airspace.

Documents incorporated by reference

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.

In accordance with paragraph 15J(2)(c) of the LA, the following table contains a description of the documents incorporated by reference into the legislative instrument, the organisation responsible for each document and how they may be obtained. The table also states how the document is incorporated.

Content of instrument

Section 1 names the instrument.

Section 2 states that the instrument commences on 9 July 2026.

Section 3 states that each Manual of Standards mentioned in the title of a Schedule to the instrument is amended in accordance with the Schedule.

Schedule 1 amends the Part 91 MOS (the Part 91 (General Operating and Flight Rules) Manual of Standards 2020).

Items 1 and 2 of Schedule 1 insert definitions of CTA and CTR into subsection 1.07(6) of the Part 91 MOS, respectively.

Items 3 and 4 insert the words “or volume” into subsection 26.68(2) and the heading to column 2 of Table 26.68 (2), respectively. This is because item 5 inserts a new item into Table 26.68 (2) relating to the new Class D CTAs, which are volumes of Class D airspace.

Item 5 inserts a new item 3A into Table 26.68 (2) listing the new Class D CTAs and the kinds of transponders required for aircraft operating under the VFR in the new Class D CTAs. A note is included in column 2 of the item that describes or explains the content of each new Class D CTA.

Schedule 2 amends the Part 131 MOS (the Part 131 (Balloons and Hot Air Airships) Manual of Standards 2024).

Items 1 and 2 of Schedule 2 insert definitions of CTA and CTR into subsection 1.06(5) of the Part 131 MOS, respectively.

Items 3 and 4 insert the words “or volume” into subsection 26.21(3) and the heading to column 2 of Table 26.21 (3), respectively. This is because item 5 inserts a new item into Table 26.21 (3) relating to the new Class D CTAs, which are volumes of Class D airspace.

Item 5 inserts a new item 2A into Table 26.21 (3) listing the new Class D CTAs and the kinds of transponders required for aircraft operating under the VFR in the new Class D CTAs. A note is included in column 2 of the item that describes or explains the content of each new Class D CTA.

Schedule 3 amends the Part 133 MOS (the Part 133 (Australian Air Transport Operations—Rotorcraft) Manual of Standards 2020.

Item 1 of Schedule 3 inserts definitions of CTA and CTR into subsection 1.04(2) of the Part 133 MOS.

Items 2 and 3 insert the words “or volume” into subsection 11.53(2) and the heading to column 2 of Table 11.53(2), respectively. This is because item 4 inserts a new item into Table 11.53(2) relating to the new Class D CTAs, which are volumes of Class D airspace.

Item 4 inserts a new item 3A into Table 11.53(2) listing the new Class D CTAs and specifying the kinds of transponders required for aircraft operating under the VFR in the new Class D CTAs.

A note is included in column 2 of the item that describes or explains the content of each new Class D CTA.

Schedule 4 amends the Part 135 MOS (the Part 135 (Australian Air Transport Operations—Smaller Aeroplanes) Manual of Standards 2020.

Item 1 of Schedule 4 inserts definitions of CTA and CTR into section 1.04 of the Part 135 MOS.

Items 2 and 3 insert the words “or volume” into subsection 11.60(2) and the heading to column 2 of Table 11.60(2), respectively. This is because item 4 inserts a new item into Table 11.60 (2) relating to the new Class D CTAs, which are volumes of Class D airspace.

Item 4 inserts a new item 3A into Table 11.60(2) listing the new Class D CTAs and the kinds of transponders required for aircraft operating under the VFR in the new Class D CTAs. A note is included in column 2 of the item that describes or explains the content of each new Class D CTA.

Legislation Act 2003

Under subsection 8(4) of the LA, an instrument is a legislative instrument if it is made under a power delegated by the Parliament, any provision of it determines the law or alters the content of the law, and it has the direct or indirect effect of affecting a privilege or interest, imposing an obligation, creating a right, or varying or removing an obligation or right. The instrument satisfies these requirements.

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. This instrument amends the relevant MOSs, which are legislative instruments. The instrument is, therefore, also a legislative instrument and 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 instrument, because the instrument relates to aviation safety and is made under CASR (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015).

The instrument deals with aviation safety matters that, once identified, require a risk response or treatment plan. Generally speaking, item 15, when invoked, is necessary to ensure that, in the interests of aviation safety, a relevant instrument has enduring effect, certainty and clarity for aviation operators and organisations. That is the case for the Manuals of Standards themselves, which are enduring pieces of aviation safety legislation.

However, the instrument is an amending instrument and, therefore, will be automatically repealed under section 48A of the LA, which will happen before the sunsetting provisions would have repealed the instrument if they had applied.

Consultation

As noted above, the AA Briefing Paper published in December 2023 advised the aviation industry of a proposed transponder zone in Class D airspace, and that CASA had advised that regulatory changes would be required to implement the requirement to carry a transponder.

Consultation under section 17 of the LA was undertaken on a draft of the instrument before the instrument was made. The consultation opened on 3 June 2026 and closed on 17 June 2026 and was undertaken at the same time as consultation on the CAO amendments instrument.

The consultation sought feedback on the MOS and CAO changes that require transponder usage in the Class D CTAs surrounding YSBK aerodrome. Additionally, the consultation sought input regarding proposed guidance material that intends to make improvements to the Part 91 AMC/GM for regulation 91.240 of CASR, specifically around flight notification requirements.

Four responses were received. No feedback identified any issues that would warrant changes to the proposed MOS and CAO amendments. Two responses indicated that the amendments achieved the intended outcome.

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 amendments made by the instrument that require aircraft operating in the new Class D CTAs to be fitted with transponders must be complied with by aircraft operators (other than the amendments made to the Part 91 MOS which apply to pilots in command). As at May 2026, CASA understands that a basic Mode S transponder can be retrofitted for approximately $8 000.

While it is difficult to accurately estimate the number of aircraft that will require a transponder, there is evidence available on the number of aircraft operating in the airspace that will be subject to the transponder requirement. For the affected airspace during January 2025, there were 63 flights with a flight plan for which the aircraft was not fitted with a transponder and a further 5 flights without a flight plan for which the aircraft was not fitted with a transponder. Based on these estimates, it is plausible that there could be 100 aircraft that use the affected airspace on a regular basis that would require the fitment of a transponder. The transponder fitment cost would be $0.8m for 100 aircraft.

However, this transponder fitment cost may overstate the total cost. It is possible that some non-equipped aircraft could choose to comply by altering their flight paths to avoid fitting a transponder and while this alteration of flight paths would be a cost impost to the operator, if they elect to comply this way, it indicates that it is a lower cost of compliance.

While the MOS amendments impose a cost on some operators, the fitting of transponders enhances safety and CASA considers that, together with the flight notification requirements, it is the least costly method of achieving the required aviation safety outcomes around Bankstown aerodrome and WSI.

Impact on categories of operations

Any aircraft to which a MOS amended by the instrument applies, that is flown within the new Class D CTAs surrounding Bankstown aerodrome and that does not already have a transponder fitted, will be impacted by the requirement to fit a transponder.

Impact on regional and remote communities

There is no direct impact on regional and rural areas as the instrument makes no changes to the airspace of regional or rural areas or to requirements for aircraft flown in such airspace.

Office of Impact Analysis (OIA)

CASA submitted a Preliminary Assessment for the changes to the airspace around the new WSI to the OIA. It was CASA’s assessment that the economic impact of the changes to the airspace, including the impact to the users of the Bankstown and Camden aerodromes, was outlined in the Environmental Impact Statement Western Sydney International (Nancy-Bird Walton) Airport Airspace and flight design path (the EIA) and that further analysis in the form of an Impact Analysis (IA) document was not required. OIA agreed with CASA’s assessment that an IA was not required (OIA25-09383). The EIA was prepared by the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts is available at <https://www.wsiflightpaths.gov.au>.

In any event, an IA is not required in this case, as the instrument is covered by a standing agreement between CASA and the OIA under which an IA is not required for amendments to Manuals of Standards (OIA reference number OIA23-06250).

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.

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 9 July 2026 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

Parts 91, 131, 133 and 135 Manuals of Standards Amendment Instrument 2026

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

This legislative instrument amends the Parts 91, 131, 133 and 135 Manuals of Standards (the relevant MOSs) to ensure that aircraft to which a relevant MOS applies that are operating under the visual flight rules (VFR), in any of the new Class D control areas established above and surrounding Bankstown aerodrome (YSBK) control zone (CTR) (the new Class D CTAs), are fitted with a specified transponder. As transponders are surveillance equipment under the relevant MOSs, they must be operated in accordance with applicable MOS requirements for surveillance equipment. Transponders are not required for flights wholly within either Bankstown Class D CTR or any other Class D airspace located outside the Sydney Basin.

The new Class D CTAs are designed to allow safe access to and from the existing Bankstown aerodrome (YSBK) beneath the Class C airspace created to facilitate the operation of the new Western Sydney International Airport (YSWS). For safety, existing specified flight notification requirements also apply for all flights within the new Class D CTAs.

Human rights implications

The instrument promotes the right to life in Article 6 of the International Covenant on Civil and Political Rights by protecting aviation safety by requiring aircraft conducting VFR operations in the new Class D CTAs to have specified surveillance equipment (transponders) so that air traffic control can identify and locate the aircraft.

Conclusion

This legislative instrument is compatible with human rights.

Civil Aviation Safety Authority