Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Angel Flight Australia v Civil Aviation Safety Authority [2021] FCA 469 File number(s): VID 222 of 2019
Judgment of: ANDERSON J
Date of judgment: 11 May 2021
Catchwords: STATUTORY INTERPRETATION – Civil Aviation Safety Authority made instrument designated as CASA 09/19 – Civil Aviation (Community Service Flights – Conditions on Flight Crew Licences) Instrument 2019 – Applicant seeks orders quashing the instrument and other declaratory relief – whether the instrument is ultra vires in that it fell beyond power conferred by regulation 11.068 of the Civil Aviation Safety Regulations 1998 (Cth) – whether the "class of authorisation" specified in the instrument is not a "class of civil aviation authorisation" specified by the Civil Aviation Safety Regulations 1998 (Cth) – whether the instrument was not authorised by regulation 11.068 of the Civil Aviation Safety Regulations 1998 (Cth) – whether the instrument is expressed to apply in relation to a type of aviation operation ("community service flights") and not a class of persons – whether the instrument is properly a "legislative instrument" ADMINISTRATIVE LAW – unreasonableness and reasonable proportionality – whether the instrument is unreasonable or not reasonably proportionate – whether the Civil Aviation Safety Authority's assessment of risks was not justified on any reasonable ground – whether that assessment was irrational – whether the conditions imposed by the instrument had an insufficient connection to the power conferred by regulation 11.068 of the Civil Aviation Safety Regulations 1998 (Cth) Held: relevant instrument not ultra vires or unreasonable
Legislation: Civil Aviation Act 1988 (Cth), ss 3, 3A, 9, 9A, 16, 30DT, 30DU, 30DW, 30DX, 30DY, 30DZ, 98 Civil Aviation Safety Regulations 1998 (Cth), Part 11, Part 13 and regs 61.005, 61.010 Legislation Act 2003 (Cth), ss 8(2), 38 and 42 CASA 09/19 – Civil Aviation (Community Service Flights – Conditions on Flight Crew Licences) Instrument 2019
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