Civil Aviation Order 95 10 Instrument 2017 [F2017L00480]-Response required [2017] AUSStaCSDLM 175 (14 June 2017)

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Instrument	Civil Aviation Order 95.10 Instrument 2017 [F2017L00480]
Purpose	Exempts operators of low-momentum ultralight aeroplanes from particular requirements of the Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998
Authorising legislation	Civil Aviation Regulations 1988; Civil Aviation Safety Regulations 1998
Department	Infrastructure and Regional Development
Disallowance	15 sitting days after tabling (tabled Senate 9 May 2017) Notice of motion to disallow must be given by 16 August 2017
Scrutiny principle	Standing Order 23(3)(a)

Manner of incorporation

Section 14 of the Legislation Act 2003 allows legislative instruments to make provision in relation to matters by incorporating Acts and disallowable legislative instruments, either as in force at a particular time or as in force from time to time. Other documents may only be incorporated as in force at the commencement of the legislative instrument, unless authorising or other legislation alters the operation of section 14.

With reference to the above, the committee notes that subsection 6.1(c) of the Civil Aviation Order 95.10 Instrument 2017 [F2017L00480] (the order) provides that an aeroplane to which the order applies must be flown in specified classes of airspace; and that the definition of those classes of airspace in the note to subsection 6.1(c) incorporates the Australian Airspace Policy Statement.^[1] However, neither the order nor the ES expressly states the manner in which the Australian Airspace Policy Statement is incorporated.

The committee expects instruments (and ideally their accompanying ESs) to clearly state the manner in which documents are incorporated (that is, either as in force from time to time or as in force at a particular time). This enables persons interested in or affected by the instrument to understand its operation without the need to rely on specialist legal knowledge or advice, or consult extrinsic material.

The committee's expectations in this regard are set out in the guideline on incorporation contained in Appendix 1.

The committee requests the advice of the minister in relation to the above.

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[1] The committee understands that the Australian Airspace Policy Statement 2015 [F2015L01133] is a legislative instrument that is not subject to disallowance.