Legislative changes - Explanatory statementStatutory Rules 2003, No 189
Statutory Rules 2003, No 189
Issued by the authority of the Minister for Transport and Regional Services
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Subsection 9(1) of the Act specifies that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.
The Regulations amend the Civil Aviation Safety Regulations (CASR) by inserting a new Part 173, entitled "Instrument Flight Procedure Design", into those regulations. The Regulations also make consequential amendments to the Civil Aviation Regulations 1988 to reflect the new Part 173.
CASR Part 173 has been developed as part of CASA's Regulatory Review Program and will provide a regulatory regime that covers the requirements for the certification of designers of instrument flight procedures and the qualifications and experience of persons engaged in instrument flight procedures design.
Instrument flight procedures are to be followed by aircraft operating under the Instrument Flight Rules permitting safe flight in poor weather and at night and are essential for safe air navigation.
CASR Part 173 will also specify the procedures to be used for the design, approval and publication of instrument flight procedures including the maintenance of data and archiving of records; the procedures for the administration by CASA of instrument flight procedure design including the granting, variation and cancellation of certificates and authorisations; and the flight validation (checking) of procedures.
Prior to the establishment of CASA, the former Civil Aviation Authority (CAA) carried out the design of instrument flight procedures. Following the creation of CASA and Airservices Australia a decision was made to transfer the responsibility for instrument flight procedure design from CASA to Airservices Australia in 1997. CASA continues to be the responsible authority, but the actual design work is carried out by Airservices Australia as a delegate of CASA. One private provider, IAC GPS Pty Ltd has also been issued with a delegation to design Global Positioning System (GPS) approaches.
CASA, as the safety regulator, is the responsible body for determining the standards for the design of instrument flight procedures, but CASA does not consider its role to be that of a service provider such as carrying out the actual work of designing instrument flight procedures.
CASR Part 173 will enable CASA to fulfil it safety oversight of this essential activity and permit certified service providers within Airservices Australia and the aviation industry generally to carry out design work in accordance with standards, which assure the appropriate level of safety.
- requirements for the certification or authorisation of designers of instrument flight procedures,
- qualifications and experience of persons engaged in instrument flight procedures design,
- standards to be applied to the design, checking and publication of instrument flight procedures, including the maintenance of data and archiving of records,
- procedures for the administration by CASA of instrument flight procedure design including the granting, variation, refusal, suspension and cancellation of certificates, and
- procedures for flight validation of procedures.
The MOS has been developed in conjunction with the Regulations and has been subject to full consultation with affected stakeholders.
A number of offences in the Regulations are proposed to be strict liability offences. Those offences carry a penalty of no more than 50 penalty units and the physical elements of those offences do not have any express fault elements.
A Regulation Impact Statement, CASA #0203, has been prepared and approved by the Office of Regulation Review (ORR).
Details of the Regulations are set out in the stat189attach.pdf.
The Regulations commence on 1 October 2003.