CASA 390/12-Instructions-GNSS primary means navigation (B737 NG aircraft) [F2012L02428]-Concluded matters [2013] AUSStaCSDLM 188 (16 May 2013)

• CASA 390/12 - Instructions - GNSS primary means navigation (B737 NG aircraft) [F2012L02428]
• Insufficient information regarding consultation

CASA 390/12 - Instructions - GNSS primary means navigation (B737 NG aircraft) [F2012L02428]

Purpose	Allows Virgin Australia International Airlines B737 NG aircraft that are capable of meeting the applicable Required Navigation Performance to carry out RNAV (GNSS) approach procedures
Last day to disallow	15 May 2013
Authorising legislation	Civil Aviation Regulations 1988
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 'consistent with previous instruments issued to Virgin Australia International Airlines Pty Ltd and other Australian airlines [and will]...allow Virgin Australia International Airlines Pty Ltd to reduce dependence on ground based systems'. 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 sought further information from the minister and requested that the ES be updated in accordance with the requirements of the Legislative Instruments Act 2003].

MINISTER'S RESPONSE:

The minister advised that consultation was not undertaken as the exemption was required as a matter of urgency due to a sudden change in Indonesian law, whereby services to Denpasar Airport previously operated by Virgin Australia Airlines Pty Ltd were required to be operated instead by Virgin Australia International Airlines Pty Ltd. The minister further advised that the ES would be in accordance with the committee's request.

COMMITTEE'S RESPONSE:

The committee thanks the minister for his response and has concluded its interest in the matter.