CASA EX 190/12-Exemption-from standard take-off and landing minima-Airasia X SDN BHD [F2013L00033]-New and Concluded Matters [2013] AUSStaCSDLM 51 (28 February 2013)

• CASA EX190/12 – Exemption – from standard take-off and landing minima – Airasia X SDN. BHD [F2013L00033]
• Insufficient explanation provided regarding consultation

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CASA EX190/12 – Exemption – from standard take-off and landing minima – Airasia X SDN. BHD [F2013L00033]

Purpose	Permits the operator to use reduced visibility minima when its aircraft are landing or taking off
Last day to disallow	15 May 2013
Authorising legislation	Civil Aviation Safety Regulations 1998
Department	Infrastructure and Transport

ISSUE:

Insufficient explanation provided 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:

Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is in the same terms as many instruments issued to foreign operators for the same purpose.

It is not clear to the committee how, of itself, the stated reason for not consulting in relation to the making of the instrument necessarily relates to a conclusion by the instrument maker that consultation was 'unecessary' or 'inappropriate' (as provided for by section 18). 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.