CASA EX02/23 — The Corryong Cup Hang Gliding Competition Instrument 2023

The instrument centrally structures a small, time‑bounded regulatory regime around a single sporting event. Core recurring concepts are defined and used as operative triggers.

Definitions and scope

• Event, event period and event area are defined with temporal and geographic precision. The event period is 7-14 January 2023; the event area is the area proximate to the summit of Mount Elliot bounded by six geodetic points and vertical limits from surface to 12 500 feet AMSL (s 3, event, event period, event area and table). The event is the Corryong Cup Hang Gliding Competition 2023, conducted at Corryong during the event period (s 3).

• Term importation: certain expressions have the same meaning as in the Civil Aviation Act 1988 and CASR (s 3 note). The instrument also imports CAO 95.8 by reference (s 3; CAO 95.8 definition). This means that the instrument’s exemptions and directions interact with those existing instruments through the shared terminology.

Directed actor and operational lead

• SAFA (Sports Aviation Federation of Australia Limited) is the named entity to which the direction applies (s 3, SAFA; s 4). The Competition Director is the person appointed by SAFA to manage the event (s 3). The Competition Director (or another competent person) has specified radio duties during flights (Schedule 1 clause 1(d)) and is responsible for setting up the ground communications station in conjunction with SAFA obligations.

Exemptions and conditions

• Exemptions are granted to pilots in command operating hang gliders in Class E or G airspace, relieving them from certain CASR regulations and from limited parts of CAO 95.8 (s 5(1)). These exemptions are conditional; Schedule 2 sets detailed conditions including mandatory carriage of a serviceable UHF system, cessation of flight if the UHF becomes unserviceable, reliance on SAFA’s establishment of danger area, NOTAM and ground communications, attendance at daily briefings, adherence to the SAFA Operations Manual and possession of a “relevant qualification” (s 5(2); Schedule 2 clauses 1-6).

• Narrow individual exemptions for radio operators: three named SAFA members (Phillip Ian Campbell, Andrew Schmidt, and Randall Clotworthy) may be exempt from regulation 91.625 when transmitting on a radio frequency while operating a ground communications station in accordance with Schedule 1, but only if each holds a SAFA radio operator endorsement under SAFA’s Qualifications and Training Manual as it exists when the instrument commences (s 6(1)-(6)).

Operational safety controls

• Daily briefings are required before the first flight each day, addressing a defined list of safety information and conditions (Schedule 1 clause 5). Attendance at briefings is recorded and those attendance records must be retained by SAFA for three months from the end of the event period (Schedule 1 clause 6).

Communications architecture and technical requirements

• SAFA must ensure an effective ground communications station is established and maintained each event day, covering within 15 nautical miles of all hang gliders and the vicinity of Corryong aerodrome where relevant (Schedule 1 clause 1(b)(i-ii)). Effectiveness is defined in Schedule 1 clause 2 to require back‑up VHF and UHF systems and batteries, activation on relevant frequencies, and operation from at least 30 minutes before event flights begin and for their duration. The instrument explicitly excludes hand‑held VHF sets without an external antenna from qualifying as an effective ground communications station (Schedule 1 clause 3).

Information flow

• SAFA must provide CASA with sufficient information at least five days before the event to prepare a NOTAM that manages risk of conflict between hang gliders and other aircraft (Schedule 1 clause 4). During the event, the ground communications station must transmit specified information about launch location, duration, operating direction and proposed landing site at intervals of no more than 20 minutes to non‑participating aircraft operating in the event area (Schedule 1 clause 1(e)).

Qualification standards

• A “relevant qualification” required of pilots is defined as a SAFA Supervised Pilot Certificate (HG2), a higher SAFA qualification, or a SAFA‑recognised equivalent overseas qualification (s 3, relevant qualification). The instrument also requires pilots to operate in accordance with the SAFA Operations Manual (Schedule 2 clause 4(b)).

Record and administrative mechanics

• The instrument specifies recordkeeping: daily briefing attendance lists must be kept and retained for three months after the event period (Schedule 1 clause 6). The instrument’s direction provision (s 4) remains in force until repeal because of the record retention obligation (s 2 note).

Together, these concepts form an event‑specific regulatory microstructure that replaces some normal regulatory obligations for participating pilots while imposing a set of event management, communications and qualification obligations on SAFA and participants as the condition for those exemptions.

The instrument names and allocates duties, permissions and exemptions to specific actors. The principal affected parties and the character of the effect are set out below with textual anchors.

SAFA (Sports Aviation Federation of Australia Limited)

• SAFA is the recipient of the direction (s 4). It must ensure daily activation of a danger area, establishment and maintenance of an effective ground communications station, staffing of listening/operational radio watches, transmission of specified broadcast information to other aircraft at no greater than 20‑minute intervals, delivery of daily briefings to participants, recording and retention of briefing attendance lists for three months, and provision of air traffic route diagrams to participants before first flight (Schedule 1 clauses 1-7). SAFA therefore bears the operational, administrative and equipment burdens necessary to qualify pilots and preserve the conditions for the exemptions.

Competition Director and SAFA appointees

• The Competition Director, appointed by SAFA, has operational responsibilities: operating appropriate UHF frequencies during flights or ensuring another competent person does so (Schedule 1 clause 1(d)), ensuring briefings are given (Schedule 1 clause 5), and recording attendance (Schedule 1 clause 6). The Competition Director is therefore the focal point for day‑to‑day compliance.

Named individuals and radio operator endorsements

• Three named SAFA members , Phillip Ian Campbell (member no. 34813), Andrew Schmidt (member no. 38044) and Randall Clotworthy (member no. 39287) , are granted narrow exemptions from CASR regulation 91.625 when transmitting on a radio frequency while operating a ground communications station in accordance with Schedule 1, but only if they hold a SAFA radio operator endorsement issued in accordance with SAFA’s Qualifications and Training Manual as it exists when the instrument commences (s 6(1)-(6)). The exemption is conditional on the endorsement existing at commencement, tying individual benefit to SAFA’s own qualifications regime.

Pilots in command of participating hang gliders

• Pilots participating in the event and operating hang gliders in Class E or G airspace are the subject of exemptions from specific CASR regulations and parts of CAO 95.8 (s 5(1)(a)-(b)). The exemptions remove certain regulatory compliance obligations but only while the pilot complies with conditions in Schedule 2. Those conditions include mandatory equipment (serviceable UHF) and procedural obligations (attendance at daily briefings, operating within active danger area and adherence to the SAFA Operations Manual). The exemption applies irrespective of whether the hang glider is equipped with a VHF radiocommunication system (s 5(3)).

Other aircraft and airspace users

• The instrument imposes an obligation on SAFA to transmit information to pilots of aircraft not participating in the event operating in the event area at intervals not more than every 20 minutes (Schedule 1 clause 1(e)). CASA is to be provided with NOTAM information (Schedule 1 clause 4) so a NOTAM can be published, alerting others to the event. Thus non‑participating aircraft are indirectly affected through NOTAMs, periodic broadcasts, and the activation of a danger area that manages conflicts (Schedule 1 clauses 1(a), 1(e), 4).

CASA and delegate

• CASA is the issuing authority; the instrument is made by a CASA delegate (instrument preamble and signed). CASA’s operational role includes receiving event details from SAFA to enable a NOTAM to be prepared (Schedule 1 clause 4). The instrument uses CASA’s powers under CASR to modify obligations, require directions and coordinate NOTAM publication.

Corryong aerodrome operator and aerodrome users

• The event area and Schedule 1 include specific requirements when hang gliders are in the vicinity of Corryong aerodrome (YCRG), including that the ground communications station cover the aerodrome vicinity and that briefings review aerodrome activity and air traffic (s 3 definitions; Schedule 1 clause 1(b)(ii) and Schedule 1 clause 5(f)). The instrument notes existing aerodrome certification arrangements for Corryong (s 3 notes referencing CASR 202.701 and 202.702), but imposes no direct obligations on the aerodrome operator in the instrument text.

Documents and manuals

• The SAFA Operations Manual and SAFA Qualifications & Training Manual are invoked as operative reference documents: compliance with the SAFA Operations Manual is a condition of the pilot exemption (Schedule 2 clause 4(b)); radio‑operator exemptions presuppose endorsement issued in accordance with the SAFA Qualifications and Training Manual as it exists at commencement (s 6(1), s 6(3), s 6(5)). These documents therefore shape who qualifies for the instrument’s benefits, and SAFA’s manuals become de facto regulatory instruments for event participants and radio operators.

In sum, SAFA carries the primary operational burden and decision authority for on‑the‑ground event management, pilots are given conditional regulatory relief in exchange for specified equipment and behavioural constraints, three named individuals may obtain a narrow radio‑operator exemption contingent on SAFA endorsement, and other airspace users are affected through NOTAMs, danger area activation and regular broadcasted information.

This section sets out the instrument’s principal duties (who must do what) and the rights or exemptions it grants, with the textual basis.

Duties imposed on SAFA (direction, s 4; Schedule 1)

• Activate a danger area covering event operations each day of the event (Schedule 1 clause 1(a)). This is a daily duty and is a prerequisite for pilot exemptions (Schedule 2 clause 3(c)).

• Establish and maintain an effective ground communications station for each event day that covers within 15 NM of all participating hang gliders and, if any participating hang glider is in the vicinity of Corryong aerodrome, the aerodrome vicinity (Schedule 1 clause 1(b)(i-ii)). An effective ground communications station must have backing VHF/UHF systems and batteries, be active on relevant UHF and VHF frequencies, and operate from at least 30 minutes before flights begin through the duration of flights (Schedule 1 clause 2).

• Ensure one of the three named individuals maintains a listening watch on appropriate VHF frequencies whenever flights are taking place, and ensure the Competition Director or another competent person operates appropriate UHF frequencies whenever flights are taking place to provide traffic, weather and other pertinent information to participants (Schedule 1 clause 1(c-d)).

• Transmit, at intervals of no more than 20 minutes, specified information (launch location, duration, operating direction and proposed landing site) about the event on relevant VHF frequencies from a ground communications station to pilots of aircraft not participating in the event operating in the event area (Schedule 1 clause 1(e)).

• Provide CASA, at least five days before the event, with sufficient information to prepare a NOTAM that manages conflict risk between participants and other aircraft, including launch location, duration and operating area (Schedule 1 clause 4).

• Conduct daily pre‑flight briefings for participants covering specified topics, including confirmation of ground communications, explanation of NOTAMs and danger areas, event area limits, conditions of the pilot exemption, aerodrome activities if relevant, and other safety matters SAFA considers appropriate (Schedule 1 clause 5).

• For each day, record names of participants attending the daily briefing and retain those records for three months from the end of the event period (Schedule 1 clause 6(a-b)).

• Before each participant first operates a hang glider during the event period, give the participant a diagram identifying air traffic routes to assist risk management (Schedule 1 clause 7).

Duties/obligations on the Competition Director

• Operate appropriate UHF frequencies (or ensure another competent person does so) whenever flights are taking place to provide information to participants (Schedule 1 clause 1(d)). The Competition Director must also ensure briefings and recordkeeping are performed (Schedule 1 clauses 5-6).

Equipment and technical conditions for SAFA’s communications

• A ground communications station must be supported by back‑up VHF and UHF systems and batteries; be active on relevant frequencies; be operational from 30 minutes before flights start (Schedule 1 clause 2). Hand‑held VHF systems without an external antenna are expressly not effective as a ground communications station (Schedule 1 clause 3).

Exemptions/rights granted to pilots (s 5; Schedule 2)

• Exemption: During the event period, pilots in command operating hang gliders in Class E or G airspace are exempt from compliance with CASR regulations 91.400, 91.630, 91.635 and 91.640 and from parts of CAO 95.8 (subparagraphs 10.3(a) to the extent requiring VHF carriage/use and 10.4(b)) while participating in the event (s 5(1)(a-b)). The instrument notes that subsection 8 of CAO 95.8 provides exemptions from certain CASR obligations for applicable aircraft but the instrument itself narrows the CAO references (s 5 note).

• Conditionality: The exemption is subject to the Schedule 2 conditions. Key conditions include: carriage of a serviceable UHF radiocommunication system on the hang glider (Schedule 2 clause 1); cessation of flight as soon as safely practicable if that UHF becomes unserviceable during flight (Schedule 2 clause 2); satisfaction that a ground communications station will be established and operating satisfactorily, a NOTAM has been published for the day and the danger area is active (Schedule 2 clause 3(a-c)); attendance at the daily briefing (Schedule 2 clause 4(a)); operation in accordance with SAFA Operations Manual (Schedule 2 clause 4(b)); holding a relevant qualification (Schedule 2 clause 4(c)); and operating only within the active danger area (Schedule 2 clause 6). Pilots may rely on the daily briefing to satisfy the “satisfied that” element of clause 3 (Schedule 2 clause 5).

Named radio operator exemptions (s 6)

• Three named individuals are exempt from CASR regulation 91.625 when transmitting on a radio frequency while operating a ground communications station in accordance with Schedule 1, but only if each is the holder of a SAFA radio operator endorsement issued under the SAFA Qualifications and Training Manual as it exists at commencement (s 6(1)-(6)). This creates an entitlement limited to named persons contingent on SAFA endorsement.

Recordkeeping duty

• SAFA must maintain and retain daily briefing attendance records for three months from the end of the event period (Schedule 1 clause 6(b)). The instrument notes the direction in s 4 remains in force until repeal because of this record retention requirement (s 2 note).

Rights not created and limits

• The instrument does not purport to create new airspace rights for other operators; it centres on exemptions and managerial duties. The pilot exemption applies whether or not the hang glider is equipped with a VHF radiocommunication system (s 5(3)), but Schedule 2 requires a serviceable UHF. The instrument does not itself create any entitlement to fly outside the active danger area; the pilot exemption is constrained to flights within the active danger area (Schedule 2 clause 6).

In short, SAFA is assigned specific operational, communications and recordkeeping duties; the Competition Director is operationally charged with communications and briefings; pilots gain conditional regulatory relief from several CASR provisions provided they meet equipment, briefing, qualification and operating‑area requirements; and three named individuals may be exempt from a radio‑use regulation if they hold SAFA endorsements.

The text of CASA EX02/23 itself contains no express penalty provisions, monetary fines, or specified enforcement mechanisms. It functions as a direction and as a grant of conditional exemptions; compliance and non‑compliance consequences are implicit rather than spelled out within the instrument.

Instrument form and enforcement implications

• The instrument is a CASA direction made by a delegate under CASR regs 11.160, 11.205 and 11.245 (instrument preamble). It directs SAFA to perform activities in Schedule 1 (s 4). The instrument also grants explicit exemptions from specific CASR regulations and parts of CAO 95.8 to pilots and narrow radio‑operator exemptions to named individuals (s 5-6). These features create positive obligations on SAFA and conditions for pilots to lawfully rely on exemptions.

• The instrument sets forth conditional exemptions; if a participant does not meet the conditions in Schedule 2, the exemption does not apply. The instrument therefore creates a compliance‑contingent legal effect: the statutory exemption applies only while the conditions are met (s 5 and Schedule 2). Non‑compliant conduct would mean the person cannot rely on the exemption; the instrument does not, within its text, specify the administrative response to uncovered non‑compliance.

Absence of internal enforcement provisions

• No clause authorises specific sanctions, administrative enforcement actions, or infringement notices within the instrument text. No power is conferred on SAFA to enforce compliance by third parties, nor does the instrument set out a compliance inspection or audit mechanism. The only recorded administrative requirements are recordkeeping and the necessity to provide information to CASA to enable a NOTAM (Schedule 1 clauses 4 and 6).

Practical enforcement modalities implicit in structure

• Because the instrument operates by granting exemptions and by directing SAFA, practical enforcement would, from the instrument’s design, likely focus on: (a) whether SAFA performed its directioned duties (activation of danger area, ground communications station, briefings and recordkeeping) as conditions for pilot exemptions; (b) whether pilots met the Schedule 2 conditions when claiming exemptions (e.g. serviceable UHF, attendance at briefings, operating within active danger area); and (c) whether named radio operators possessed the SAFA endorsement prerequisite to the s 6 exemptions. Those elements are explicit prerequisites in the instrument and therefore are the natural points at which compliance can be assessed (Schedule 1 and Schedule 2; s 6).

Limit of instrument’s stated enforcement detail

• The instrument does not specify who is authorised to verify compliance or how disputes over the presence/validity of a SAFA qualification or radio‑operator endorsement are to be resolved. It also does not set out any express reporting obligation to CASA beyond the provision of sufficient information to prepare a NOTAM at least five days prior (Schedule 1 clause 4).

Note on CAO 95.8 cross‑reference

• The instrument references CAO 95.8 and notes that subsection 8 of CAO 95.8 provides persons with exemptions from obligations under other specified CASR provisions, including regulation 91.625, for aircraft to which CAO 95.8 applies (s 5 note). The text implies that CAO 95.8 is part of the regulatory landscape affecting applicability and enforcement of some obligations, but the instrument itself does not extend, alter or define CAO 95.8 enforcement mechanisms within its text.

In sum, the instrument places compliance obligations on SAFA and conditions on pilots and named radio operators, but it does not lay out in‑instrument penalties or enforcement procedures. Assessment of non‑compliance and any subsequent enforcement actions are not specified and would rest on broader regulatory or administrative frameworks outside the instrument’s text.

The instrument explicitly situates itself within the Civil Aviation regulatory framework and cross‑references other instruments and documents. Interaction points and operative cross‑references are set out below, with textual citations.

Statutory and regulatory authorisation

• CASA EX02/23 is made under Civil Aviation Safety Regulations 1998 regulations 11.160, 11.205 and 11.245 (instrument preamble). The instrument therefore relies on existing CASR powers for its validity; it does not purport to amend CASR or the Civil Aviation Act directly within its text.

Defined term importation

• The instrument states that certain terms have the same meanings as in the Civil Aviation Act 1988 and the regulations, including hang glider and NOTAM (s 3 note). This imports statutory definitions and ensures consistent interpretation with the wider aviation regulatory regime.

CAO 95.8 references

• CAO 95.8 is expressly imported by definition (s 3). Section 5(1)(b) of the instrument exempts pilots from specified provisions of CAO 95.8 to the extent those provisions require carriage or use of VHF systems (subparagraph 10.3(a)) and subparagraph 10.4(b). The instrument also notes that subsection 8 of CAO 95.8 provides exemptions from obligations under other specified CASR provisions, including regulation 91.625, for applicable aircraft (s 5 note). These references indicate that CAO 95.8 and its mechanism for providing exemptions are part of the legal background and contextualise the instrument’s exemptions.

Specific CASR regulations referenced

• The instrument identifies explicit CASR regulations from which pilots are exempt while participating in the event: regulations 91.400, 91.630, 91.635 and 91.640 (s 5(1)(a)). It also references CASR regulation 91.625 as the subject of individual radio‑operator exemptions for named persons (s 6). The text therefore creates a temporary, situation‑specific carve‑out from certain CASR obligations, conditioned on compliance with the instrument’s schedules.

Aerodrome certification references

• In defining Corryong aerodrome, the instrument notes that a transitional aerodrome certificate mentioned in CASR paragraph 202.701(1)(c) is in force for Corryong and that an aerodrome certificate is taken to have been granted to the operator in accordance with subregulation 202.701(4) subject to regulation 202.702 (s 3 notes). These notes contextualise the aerodrome’s regulatory status but do not alter those CASR provisions.

SAFA manuals as quasi‑regulatory instruments

• The instrument incorporates SAFA administrative materials by reference. The SAFA Operations Manual is required for participant conduct (Schedule 2 clause 4(b)) and the SAFA Qualifications & Training Manual is required as the authorising instrument for radio operator endorsements used to qualify the named individuals for the s 6 exemptions (s 6). Thus the instrument creates practical interoperation between national CASR and CAO frameworks and SAFA’s internal manuals, making SAFA’s manuals operative determinants of qualification and conduct within the event.

NOTAM and airspace management interaction

• SAFA must provide CASA sufficient information at least five days prior to permit CASA to prepare a NOTAM about event operations that manages risk of conflict between hang gliders and other aircraft (Schedule 1 clause 4). The instrument therefore interacts with the NOTAM system and CASA’s airspace management processes. The requirement to have an active danger area each day of the event (Schedule 1 clause 1(a)) ties into airspace management mechanisms, although the instrument does not itself establish the danger area beyond directing SAFA to ensure one is active.

Limits and boundaries of interaction

• The instrument modifies the applicability of certain CASR regulations and CAO 95.8 provisions only for the duration of the event for pilots who meet the stated conditions. Outside the event period (and after repeal), the exemptions expire (s 2). The instrument does not purport to amend CASR or CAO texts permanently; it operates as a time‑bound instrument within the CASR framework.

Administrative dependencies

• The effectiveness of pilot exemptions depends on SAFA performing the actions directed in Schedule 1 (e.g. danger area activation, ground communications, NOTAM submission). This creates a dependence between the instrument’s limited deregulatory effect for pilots and SAFA’s fulfilment of duties under the same instrument.

To conclude, the instrument explicitly references and temporarily modifies the applicability of specific CASR regulations and CAO 95.8 provisions, imports statutory definitions from the Civil Aviation Act and CASR, relies on CASA’s NOTAM and airspace management systems, and makes SAFA’s internal manuals part of the compliance architecture. The instrument therefore interacts tightly with CASR, CAO 95.8, NOTAM procedures and SAFA’s operational regimes.

The instrument text provided contains its own making and temporal information but no record of subsequent amendments within the document itself. The following are the instrument’s administrative milestones and internal amendment‑relevant notes as recorded in the instrument.

Making and signature

• The instrument was made and signed by Anthony Alfred Stanton, Branch Manager, Sport & Recreation Aviation, Stakeholder Engagement Division, a delegate of CASA. The instrument carries a signature block and is dated 3 January 2023 (instrument heading and signature block).

Commencement and repeal timing

• The instrument states an explicit commencement date and repeal date: it commences on 7 January 2023 and is repealed at the end of 14 April 2023 (s 2). The instrument further notes that the provisions other than the direction in s 4 apply only during the event period which ceases at the end of 14 January 2023, while the direction in s 4 remains in force until the instrument’s repeal because of record retention requirements in Schedule 1 paragraph 6(b) (s 2 note). Thus the instrument sets staggered operative periods: primary event operational provisions effective 7-14 January 2023, with residual direction (for record retention) continuing until 14 April 2023.

Absence of recorded amendments

• The instrument as supplied contains no subsequent amending instrument, no notation of consolidation, and no notation that any clauses have been amended after signature. There is no text indicating revocation or replacement of any earlier CASA EX instruments in the supplied material.

Documents invoked as potentially variable

• The instrument expressly relies on SAFA documents “as they exist from time to time” for certain obligations: the SAFA Operations Manual (version 20211006, issued 6 October 2021) and SAFA Qualifications & Training Manual (version 20220328, issued 29 March 2022) are defined in s 3. Schedule 2 requires operation in accordance with the SAFA Operations Manual “as it exists from time to time” (Schedule 2 clause 4(b)). Likewise, the radio operator exemptions in s 6 are contingent on endorsements issued “as it exists at the time this instrument commences”. This language permits SAFA to amend those documents independent of this instrument, and those changes would affect compliance and qualification standards; there is no amendment log in the instrument itself.

Record retention and operational continuity

• The instrument’s note in s 2 that the direction in s 4 remains in force until repeal because of the record retention requirement (Schedule 1 para 6(b)) effectively extends a targeted part of the instrument (the direction) beyond the event period for administrative purposes. This is an internal temporal modification within the instrument, rather than a formal amendment.

No legislative amendment entries

• There are no entries in the instrument indicating it amends any primary legislation, CASR provisions, CAO 95.8 content, or other instruments beyond creating temporary exemptions and directions. The instrument therefore functions as a stand‑alone, time‑limited measure without recorded subsequent history in the provided text.

For users tracking legal change, the instrument as provided is the operative record of the measure; any further changes, revocations or replacement instruments would need to be located in CASA’s instrument register or in consolidated instrument lists, none of which are included in the supplied text.

The instrument text contains no litigation history, references to court decisions, or records of legal challenges. The text does not cite any cases, judicial reviews, or administrative law proceedings. The only legal materials referenced are statutory/regulatory sources (CASR, Civil Aviation Act 1988), CAO 95.8, and SAFA internal documents (SAFA Operations Manual; SAFA Qualifications & Training Manual) (s 3 and notes).

What the instrument records about disputes and evidentiary matters

• The instrument contains evidentiary and recordkeeping directions , notably the requirement that SAFA record and retain the names of participants attending the daily briefings for three months from the end of the event period (Schedule 1 clause 6). Those records, if maintained, could serve as contemporaneous evidence of compliance with the instrument’s direction and the conditions for exemptions. The instrument does not provide a dispute resolution procedure, appeal mechanism or a designated auditor for contesting compliance.

Absence of precedent in the instrument

• Because the instrument makes no reference to judicial decisions or administrative law determinations, there is no internal record of prior litigation that would inform interpretation of the instrument. The instrument does not claim to be a response to litigation or to the terms of court orders.

Practical consequence for researchers

• Any litigation challenging the instrument, or disputes arising from it, are not reflected in the instrument text supplied. To determine whether any judicial or administrative review occurred, a researcher would need to consult court or tribunal databases, CASA's public records, or SAFA records; such sources are not present in the instrument text and therefore cannot be reported on within this note.

In short, the instrument itself neither reports nor records any litigation history. It provides recordkeeping that could be relevant to any later dispute but contains no references to prior or subsequent legal proceedings.

This instrument contains several specific operational and drafting features that create compliance pitfalls and practical constraints. The following items identify precise, source‑grounded points where participants, SAFA or other stakeholders could be surprised if they do not read the schedules closely.

Temporal and partial‑scope operation

• The instrument’s effective period is staggered. Most event provisions apply only during the event period (7-14 January 2023), whereas the direction (s 4) remains in force until repeal at 14 April 2023 to permit record retention (s 2 note; Schedule 1 clause 6(b)). If a party assumes all obligations cease on 14 January they may be mistaken about the record retention duty extending beyond the event.

Conditional nature of exemptions

• The pilot exemption from specified CASR regulations and parts of CAO 95.8 is conditional. The exemption applies only while the pilot complies with Schedule 2 conditions (s 5(2); Schedule 2). Failure to meet any condition (for example, not holding a “relevant qualification” or not attending the daily briefing) means the pilot cannot rely on the exemption. The instrument contains no grace period or cure procedure for failing a condition mid‑event; non‑compliance simply means the exemption does not apply.

UHF carriage mandatory, VHF irrelevant to exemption but relevant operationally

• Although s 5(3) states the exemption applies irrespective of whether the hang glider is equipped with a VHF system, Schedule 2 clause 1 requires the hang glider to be equipped with a serviceable UHF radiocommunication system and clause 2 requires cessation of flight if that UHF becomes unserviceable during flight. Thus pilots must ensure a working UHF; assuming a VHF alone suffices could be a dangerous misreading.

Ground communications station effectiveness is technical

• The instrument requires an “effective ground communications station” and provides a technical definition in Schedule 1 clause 2: it must have back‑up VHF and UHF systems and batteries and be active on specified frequencies from at least 30 minutes before flights. The instrument expressly states that a hand‑held VHF without an external antenna is not effective (Schedule 1 clause 3). Relying on inadequate portable equipment could fail the Schedule 1 condition and thereby undermine pilot exemptions.

Narrow, contingent radio operator exemptions

• The s 6 exemptions from regulation 91.625 are narrowly framed: they apply only to three named individuals and only if those individuals hold a SAFA radio operator endorsement issued by SAFA under the SAFA Qualifications & Training Manual “as it exists at the time this instrument commences” (s 6(1)-(6)). If a named person lacks the endorsement at commencement, or if the endorsement requirements change after commencement, the exemption will not apply. The instrument therefore creates an individualised, time‑sensitive entitlement rather than an open class of authorised radio operators.

Reliance on SAFA manuals and internal standards

• Several operative provisions require compliance with SAFA manuals “as it exists from time to time” (s 3 definitions and Schedule 2 clause 4(b)). That wording delegates substantial normative detail to SAFA’s internal documents. Participants and third parties must therefore check the precise versions of SAFA’s manuals in force at the relevant time to know the operative standards.

NOTAM preparation prerequisite

• SAFA must provide CASA with sufficient information at least five days before the event to enable a NOTAM (Schedule 1 clause 4). If SAFA fails to provide this information timely, the NOTAM may not be published in time, and Schedule 2 clause 3(b) conditions pilots’ ability to rely on the exemption on the NOTAM having been published for that day. Thus a late or deficient NOTAM provision can cascade into a loss of exemptions for pilots.

Geographic bounds and altitude limit

• The event area is tightly defined by coordinates and extends vertically to 12 500 feet AMSL from ground level within those lateral limits (s 3, event area). Operating outside those bounds removes flights from the instrument’s spatial ambit; pilots must ensure they operate solely within the active danger area (Schedule 2 clause 6).

Record retention window

• Attendance records must be retained for three months from the end of the event period (Schedule 1 clause 6(b)). Parties should note that the retention period is relatively short; destruction or loss of records after three months may be permitted by the instrument, but the instrument does not provide a retention schedule beyond that period.

No in‑instrument enforcement specifics

• The instrument does not specify penalties or enforcement procedures. While the absence of explicit sanctions might be read as reducing regulatory exposure, it also means there is no in‑instrument guidance on remedies or how compliance will be monitored; parties cannot rely on the instrument to spell out enforcement modalities.

Interaction with aerodrome activity

• Where participating hang gliders operate in the vicinity of Corryong aerodrome, additional communications coverage and briefing content are required (Schedule 1 clauses 1(b)(ii), 5(f)). Parties operating at or near Corryong should not assume the event provisions are irrelevant to aerodrome activity.

Taken together, these “gotchas” emphasise that the instrument couples conditional exemptions to a set of technical and administrative prerequisites that must be satisfied in precise ways. Failure in any single precondition (equipment, NOTAM, active danger area, briefing attendance, or SAFA endorsements) removes the statutory relief the instrument provides.

This section provides a practical, source‑grounded checklist for SAFA, the Competition Director, pilots and the named radio operators to meet the instrument’s obligations and to qualify for the exemptions granted by the instrument. Each action traces to the specific clause cited in the instrument.

For SAFA (s 4; Schedule 1)

1. Danger area activation

   • Ensure a danger area is active for the event each day covering the event operations (Schedule 1 clause 1(a)). Confirm the danger area’s lateral and vertical coverage aligns with the defined event area coordinates and altitude limits (s 3, event area).

2. Ground communications station establishment and maintenance

   • Install an effective ground communications station that covers within 15 NM of participating hang gliders and, if any participant may be in the vicinity of Corryong aerodrome, the aerodrome vicinity (Schedule 1 clause 1(b)(i-ii)).
   • Ensure the ground station is supported by back‑up VHF and UHF systems and batteries (Schedule 1 clause 2(a)).
   • Activate the station on relevant UHF frequencies, VHF common traffic advisory frequencies and VHF area frequencies from at least 30 minutes before the start of flights and for the duration of flights (Schedule 1 clause 2(b)(i-ii)).
   • Do not rely on hand‑held VHF radios without external antennas as primary ground communications stations (Schedule 1 clause 3).

3. Staffing listening and operational watches

   • Ensure one of the named individuals (Phillip Ian Campbell, Andrew Schmidt, or Randall Clotworthy) maintains a listening watch on appropriate VHF frequencies whenever event flights are taking place (Schedule 1 clause 1(c)).
   • Ensure the Competition Director or another competent person operates the appropriate UHF frequencies whenever flights are taking place to provide traffic, weather and other pertinent information to event participants (Schedule 1 clause 1(d)).

4. Periodic broadcasts to other aircraft

   • From the ground communications station, transmit the following information to pilots of aircraft not participating in the event, operating in the event area, at intervals not exceeding 20 minutes: location of launch site and activities; duration of activities; operating direction of hang gliders; location of proposed landing site (Schedule 1 clause 1(e)).

5. NOTAM coordination

   • At least five days before the event’s commencement, provide CASA with sufficient information to prepare a NOTAM that manages conflict risk between event participants and other aircraft. Include launch location, duration of activities and operating area (Schedule 1 clause 4). Maintain records of the information supplied and confirmation of NOTAM publication.

6. Daily briefings and records

   • Provide a pre‑flight daily briefing to participants before first flight covering: communications set‑up and frequencies; review of that day’s NOTAM and any danger area; event area limits and the exemption conditions; airspace where other aircraft may operate; aerodrome air traffic/activities if participants may fly in the vicinity; and any other safety matters SAFA considers appropriate (Schedule 1 clause 5).
   • For each day, record the name of each participant attending the daily briefing and retain these records for three months from the end of the event period (Schedule 1 clause 6).

7. Air traffic route diagrams

   • Before a participant first operates a hang glider during the event period, supply the participant with a diagram identifying air traffic routes to assist risk management with other aircraft (Schedule 1 clause 7).

For the Competition Director (Schedule 1 clauses 1(d), 5-6)

• Operate the appropriate UHF frequencies or ensure another competent person does so whenever event flights occur, and provide traffic, weather and other pertinent information to participants (Schedule 1 clause 1(d)).
• Ensure the daily briefings are delivered, attendance is recorded, and records are retained for three months (Schedule 1 clauses 5-6).
• Ensure the ground communications station is functioning satisfactorily before operations commence each day (Schedule 2 clause 3(a)), because pilots’ exemptions require them to be satisfied of that fact.

For pilots in command (s 5; Schedule 2)

1. Qualification and documentation

   • Hold a “relevant qualification”: a SAFA Supervised Pilot Certificate (HG2), a higher SAFA qualification, or a SAFA‑recognised equivalent overseas qualification (s 3, relevant qualification; Schedule 2 clause 4(c)).

2. Equipment and maintenance

   • Ensure the hang glider is equipped with a serviceable UHF radiocommunication system for each flight to which the exemption is to apply (Schedule 2 clause 1).
   • If the UHF becomes unserviceable during a flight, cease the flight as soon as it is safely practicable (Schedule 2 clause 2).

3. Preconditions before operating

   • Only conduct flights to which the exemption applies if satisfied that: (a) a ground communications station will be established and maintained in accordance with Schedule 1 and is operating satisfactorily; (b) a NOTAM has been published for the day of the flight that provides information about event operations; and (c) the danger area is active (Schedule 2 clause 3(a-c)). You may rely on the daily briefing to reach this satisfaction (Schedule 2 clause 5).

4. Briefings and operational standards

   • Attend the daily briefing before flying each day (Schedule 2 clause 4(a)).
   • Operate in accordance with the SAFA Operations Manual as it exists from time to time (Schedule 2 clause 4(b)).
   • Operate only within the active danger area (Schedule 2 clause 6).

For the three named radio operators (s 6; Schedule 1 clause 1(c))

• Ensure you hold a SAFA radio operator endorsement issued in accordance with the SAFA Qualifications & Training Manual as it exists when the instrument commences; only then does the s 6 exemption from regulation 91.625 apply when transmitting on a radio frequency while operating a ground communications station in accordance with Schedule 1 (s 6(1)-(6)).
• Maintain a listening watch on appropriate VHF frequencies when flights are taking place if you are the designated listener for that day (Schedule 1 clause 1(c)).

Administrative evidence and contingency planning

• Maintain and archive the daily briefing attendance records for the required three months from the end of the event period (Schedule 1 clause 6(b)). Keep copies or secure storage to demonstrate compliance if queried.
• Maintain backups and spare batteries for both VHF and UHF systems at the ground communications station (Schedule 1 clause 2(a)).
• Test the ground communications station and participant‑carried UHF units prior to the first flight each day and immediately prior to the event to reduce risk of mid‑event failures that would require pilots to cease flights (Schedule 2 clause 2).

Checklist summary (minimum actions)

• SAFA: activate danger area daily; set up backed‑up ground comms station; provide CASA NOTAM info ≥5 days prior; run daily briefings; record and retain attendance; give air traffic diagrams.
• Competition Director: operate UHF frequencies; ensure briefings/records/communications operational.
• Pilots: hold relevant qualification; have serviceable UHF; attend briefings; comply with SAFA Operations Manual; fly within active danger area; cease flight if UHF fails.
• Named radio operators: ensure SAFA endorsement exists at commencement; provide listening watch; operate ground comms in accordance with Schedule 1.

Following these steps aligns with the instrument’s specific textual conditions (s 4-6; Schedule 1; Schedule 2) and preserves entitlement to the limited exemptions the instrument grants.