Federal Register of Legislation - Australian Government

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CASA EX73/22 Exemptions as made
This instrument amends the CASA EX81/21 – Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021 to insert a number of additional exemptions. These are designed to facilitate certain kinds of foreign aircraft ferry flights into and out of Australia.
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 06 Sep 2022
Tabling HistoryDate
Tabled HR07-Sep-2022
Tabled Senate08-Sep-2022
To be repealed 02 Dec 2022
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

Instrument number CASA EX73/22

I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed P. Spence]

Pip Spence
Director of Aviation Safety

6 September 2022

1          Name

                 This instrument is CASA EX73/22 — Amendment of CASA EX81/21 (ADS-B OUT Equipment on Ferry Flights in Certain Foreign-Registered Aircraft) Instrument 2022 (No. 2).

2          Commencement

                 This instrument commences on the day it is registered.

3          Amendment of CASA EX81/21

                 Schedule 1 amends CASA EX81/21 – Part 91 of CASR – Supplementary Exemptions and Directions Instrument 2021.

Schedule 1          Amendment

            After section 26

insert

26A     ADS-B OUT equipment on certain foreign-registered aircraft in private operations

        (1)     In this section:

approved ADS-B OUT equipment configuration has the meaning given by section 26.67 of the Part 91 Manual of Standards.

ATS has the meaning given to Air Traffic Services in the CASR Dictionary.

ferry operation means a private operation to fly a relevant aircraft from a location:

(a)   within Australian territory to a place outside Australian territory (an outbound flight); or

(b)   outside Australian territory to a final destination within Australian territory (an inbound flight).

final destination, for an inbound flight, means the single place at which 1 or more of the following occurs.

(a)   the fitting of an approved ADS-B OUT equipment configuration to the aircraft;

(b)   the carrying out of maintenance on the aircraft;

(c)   the storing of the aircraft at a dedicated aircraft storage facility.

foreign certificate has the meaning given by the CASR Dictionary.

foreign operator has the meaning given by the CASR Dictionary.

inbound flight has the meaning given in the definition of ferry operation.

intermediate stop means landing a relevant aircraft at a place, within Australian territory:

(a)   that:

             (i)  for an outbound flight — is not the initial point of departure; and

            (ii)  for an inbound flight — is not the final destination; and

(b)   where the sole purpose of the landing is 1 or more of the following:

             (i)  to refuel;

            (ii)  to flight plan;

           (iii)  to comply with Australian customs or immigration requirements.

Note   Only 2 intermediate stops are permitted: see paragraph (4) (c) below.

outbound flight has the meaning given in the definition of ferry operation.

MOS means the Part 91 Manual of Standards.

relevant aircraft means a foreign-registered aircraft of a foreign operator, that is covered by the operator’s foreign certificate.

        (2)     This section applies to the pilot in command of a ferry operation.

        (3)     The pilot in command is exempted from compliance with the requirements of regulation 91.810, but only to the extent of the requirement under:

(a)   section 26.68 of the MOS, to fit an approved ADS-B OUT equipment configuration required under item 1 of Table 26.68 (2) in the MOS; and

(b)   section 26.04 of the MOS — but only in relation to the equipment mentioned in paragraph (a).

        (4)     Each exemption under subsection (3) is subject to the following conditions:

(a)   before the ferry operation commences, the pilot in command of the relevant aircraft must inform ATS that the aircraft is not fitted with an approved ADS-B OUT equipment configuration;

Note 1   An acceptable means of informing ATS is to insert in the RMK element of the flight plan, the indicator “ADSB EXEMPT”, as stated in AIP ENR 1.10.

Note 2   The fact that the relevant aircraft is not fitted with an approved ADS‑B OUT equipment configuration may influence whether ATS issues an air traffic control clearance, or may affect the conditions specified in an air traffic control clearance.

(b)   before the ferry operation commences, the pilot in command of the relevant aircraft must be satisfied that the aircraft is airworthy, and its equipment is serviceable, for the flight;

Note   An aircraft that is operated under a special flight permit (SFP) or special flight authorisation (SFA) is considered to be serviceable.

(c)   a relevant aircraft in a ferry operation must not land within Australian territory at more than 2 intermediate stops unless the landing is a necessary response to an unforeseen emergency or an unavoidable equipment malfunction.

Note   See the definition of intermediate stop in subsection (1). A stop for the purposes of crew rest is not within the definition of an intermediate stop, and a ferry operation must be planned to avoid any such occurrence.