Federal Register of Legislation - Australian Government

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CASA 33/22 Other as made
This instrument amends the CASA 73/17 - Direction — interception of civil aircraft in Australian territory which would otherwise expire at the end of 31 July 2022 to continue its operation in relation to foreign registered aircraft.
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 29 Jul 2022
Tabling HistoryDate
Tabled HR01-Aug-2022
Tabled Senate02-Aug-2022
To be repealed 23 Nov 2022
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

Instrument number CASA 33/22

I, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulation 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan
Executive Manager, National Operations & Standards

27 July 2022

CASA 33/22 — Interception of Civil Aircraft (CASA 73/17) Amendment Instrument 2022

1          Name

                 This instrument is CASA 33/22 — Interception of Civil Aircraft (CASA 73/17) Amendment Instrument 2022.

2          Commencement

                 This instrument commences at the time the instrument is registered.

3          Amendment of instrument CASA 73/17

                 Schedule 1 amends instrument CASA 73/17, Direction  interception of civil aircraft in Australian territory.

Schedule 1          Amendments

[1]        Name of instrument

substitute

CASA 73/17 — Civil Aircraft in Australian Territory (Interception) Direction 2017

[2]        Before section 1

insert

1A       Name

                 This instrument is CASA 73/17 — Civil Aircraft in Australian Territory (Interception) Direction 2017.

[3]        Paragraph 1 (b)

omit

31 July 2022.

insert

31 July 2025.

[4]        Section 2, after the heading

insert

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: AOC, foreign air transport AOC and foreign registered aircraft.

[5]        Section 2, definition of ENR 1.12

omit

[6]        Section 2

insert

ICAO Annex 2 means Annex 2 to the Chicago Convention, as in force from time to time.

[7]        Section 3

omit

                 an Australian aircraft or a foreign registered aircraft if the aircraft is:

insert

                 an aircraft for a flight if:

[8]        Paragraphs 3 (a) and (b)

substitute

(a)   the aircraft is:

             (i)  a foreign registered aircraft that is operating in Australian territory under a foreign air transport AOC; or

            (ii)  a foreign registered aircraft that is operating in Australian territory under a New Zealand AOC with ANZA privileges that is in force for Australia; and

(b)   the aircraft is intercepted by another aircraft during the flight.

[9]        At the end of section 3

insert

Note   Regulation 91.695 of CASR (Interception of aircraft) applies in relation to other civil aircraft flying in Australian territory. The pilot in command of such an aircraft must comply with interception procedures under Chapter 23 of the Part 91 Manual of Standards.

[10]     Section 4

substitute

                 The pilot in command must comply with the applicable procedures for the pilot in command of an intercepted aircraft as set out in:

(a)   ICAO Annex 2 – Appendix 1 – Signals – Section 2 – Signals for use in the event of interception; and

(b)   ICAO Annex 2 – Appendix 2 – Interception of Civil Aircraft, Attachment A – Interception of Civil Aircraft.