The standards and requirements for persons who are adequately informed of the risks inherent in an aviation activity and who voluntarily accept those risks are less than the standards and requirements for persons who have limited knowledge or control of the risks to which they are exposed.
Civil Aviation Legislation
Legislation is the process of making laws. Primary legislation made by the Parliament is referred to as an Act, or Act of Parliament. Many Acts provide for the delegation of their authority to make regulations or other instruments, referred to as delegated (or secondary) legislation
Primary Legislation
Primary legislation refers to laws made by Parliament. Primary legislation is created by drafting, debating and voting on bills. Once passed and assented to by the Governor-General, bills become laws.
The Civil Aviation Act of 1988 (CAA) is the primary legislation that created the Civil Aviation Safety Authority (CASA) and empowered it to issue delegated legislation for civil aviation.
Delegated Law
Delegated laws are laws made under the authority granted by primary legislation. Delegated law has the same power as a law made by the Australian Parliament. Parliament can overrule delegated law.
Delegated laws introduced by CASA include the Civil Aviation Regulations 1988 (CAR) and the Civil Aviation Safety Regulations 1998 (CASR). CASA is progressively migrating and updating laws from the CAR to the CASR.
The CASR is made up of parts including, but not limited to:
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General Operating and Flight Rules (Part 91) Operating rules for all pilots.
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Flight Crew Licensing (Part 61) Flight crew licenses, ratings and endorsements.
Each part of the CASR may refer to a Manual of Standards (MOS) that provides further details of the law. Updating the CASR requires a lengthy legislative process whereas the MOS can be updated by CASA.
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General Operating and Flight Rules (MOS 91) Operating rules for all pilots.
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Flight Crew Licensing (MOS 61) Flight crew licenses, ratings and endorsements.
CASA Guidance Material
Casa provides guidance to help you understand and follow the rules. If you use this information, you should be doing everything you need to fly safely and legally. However, they are not a replacement for the official rules.