CASA EX184/12-Exemption-from standard take-off minima-Virgin Australia International Airlines [F2012L02425]-New and Concluded Matters [2013] AUSStaCSDLM 14 (7 February 2013)

• CASA EX184/12 - Exemption - from standard take-off minima - Virgin Australia International Airlines [F2012L02425]
• Insufficient information regarding consultation

CASA EX184/12 - Exemption - from standard take-off minima - Virgin Australia International Airlines [F2012L02425]

Purpose	Allows Virgin Australia International Airlines Pty Ltd to operate B737 NG aircraft in low visibility conditions on the same terms as Virgin Australia Airlines Pty Limited, subject to conditions.
Last day to disallow	15 May 2013
Authorising legislation	Civil Aviation Safety Regulations 1998
Department	Infrastructure and Transport

ISSUE:

Insufficient information regarding consultation

Section 17 of the Legislative Instruments Act 2003 directs a rule-maker to be satisfied that appropriate consultation, as is reasonably practicable, has been undertaken in relation to a proposed instrument, particularly where that instrument is likely to have an effect on business. Section 18, however, provides that in some circumstances such consultation may be unnecessary or inappropriate. The ES which must accompany an instrument is required to describe the nature of any consultation that has been carried out or, if there has been no consultation, to explain why none was undertaken (section 26). With reference to these requirements, the committee notes that the ES for the instrument states that consultation was not undertaken, because the instrument is 'required by the operator to enable low visibility take-offs inside and outside Australian territory consistent with the standards and requirements specified in the instrument which are not considered prejudicial to the interests of safety'. While the committee does not usually interpret section 26 as requiring a highly detailed explanation as to why consultation was not undertaken, it considers that an overly bare or general explanation is not sufficient to satisfy the requirement that an ES explain why consultation was not undertaken. The committee will therefore seek further information from the minister and request that the ES be updated in accordance with the requirements of the Legislative Instruments Act 2003.