CASA EX08/25 — Radio Requirements (Approved Hang Gliding and Paragliding Events) Exemption 2025

The instrument introduces and relies on several defined terms that structure its operation. An approved event is an event that CASA approves under subsection 4(2) after a written application from SAFA. The event approval is the actual CASA instrument that specifies the event area, event period, and minimum qualification, and may also specify a non-controlled aerodrome and include directions to SAFA. The event area is the vertical and lateral limits stated in that approval; the event period is the time window stated in that approval. Relevant aircraft means a hang glider or a paraglider. In the vicinity of takes its meaning from regulation 91.360 of CASR, which defines it for airspace purposes. A specified aerodrome is a non-controlled aerodrome listed in the event approval. Another key concept is the relevant qualification, which is not a single certificate but a hierarchy: the minimum qualification issued by SAFA that is specified in the event approval, or any higher SAFA qualification, or a valid overseas qualification and flight experience that SAFA recognises as equivalent to or higher than that minimum. This allows foreign pilots to participate if SAFA deems their credentials sufficient. The instrument also defines SAFA as Sports Aviation Federation of Australia Limited (ARN 217853) and crucially refers to the SAFA ASAO exposition. This is the set of documents that CASA has approved under regulation 149.080 as SAFA’s exposition as an Approved Self-Administering Aviation Organisation (ASAO). The exposition is the set of documents as they existed at the time the instrument commenced, but if those documents are later changed under certain CASR provisions (regulations 149.115, 149.120, or 149.340(i)), the exposition as changed at commencement is the relevant version. This dynamic reference means pilots must comply with the exposition as it stood on 30 January 2025, not any later version. A ground communications station is mentioned in section 6 as a requirement but is not itself defined; the instrument relies on directions issued to SAFA under subsection 4(6) to specify what that station must entail. The daily briefing is a condition that pilots must attend, conducted or arranged by SAFA. The NOTAM requirement is also defined: a Notice to Airmen must be published for the day of the flight providing information about event operations. Finally, the instrument uses the concept of a danger area - if a direction from CASA requires SAFA to ensure a danger area is active covering event operations on a given day, then pilots may only fly within that active danger area.

The primary class affected is pilots in command of hang gliders and paragliders who wish to participate in approved hang gliding or paragliding events. These pilots are the direct beneficiaries of the exemption, but they are also subject to the conditions in section 6. They must hold a relevant qualification (as defined), attend a daily briefing, operate in accordance with the SAFA ASAO exposition as it stood at commencement, and ensure their aircraft carries a serviceable UHF radiocommunication system. The exemption only applies while the pilot is in the event area during the event period; outside those spatial and temporal limits, the standard CASR radio requirements resume. The instrument also directly affects SAFA. SAFA is the only entity that may apply to CASA for event approvals. It must have adequate personnel and procedures to ensure pilot compliance with the conditions - this is a mandatory consideration for CASA when deciding whether to grant an approval. SAFA may receive directions from CASA under subsection 4(6) concerning conduct of the event, and it is responsible for establishing and maintaining a ground communications station (if so directed), publishing NOTAMs, and ensuring any required danger area is active. SAFA also conducts or arranges daily briefings. The instrument affects CASA as the regulator: CASA must assess each event application, consider SAFA’s capability, and issue an approval or refusal. CASA also has the power to issue directions and to include conditions or specifications in the event approval. The instrument affects other airspace users indirectly. The NOTAM requirement is designed to alert other aircraft operating in the event area that hang gliding or paragliding activities are taking place. If a danger area is activated, it imposes restrictions on non-participating aircraft. The exemption specifically contains a note referencing subsection 8 of CAO 95.8, which already provides persons with an exemption from other CASR and CAR provisions (including regulation 91.625) for relevant aircraft in private operations - so the instrument layers on additional relief for event participants. Hang glider and paraglider pilots who are not participating in an approved event, or who participate in an event that has not been approved by CASA under this instrument, are not affected by the exemption and remain subject to the usual radio equipment and communication requirements.

The central right conferred by the instrument is the exemption set out in section 5. A pilot in command of a hang glider or paraglider who is participating in an approved event within the event area and during the event period is exempt from compliance with: (a) regulation 91.400 of CASR (radio communications near a non-controlled aerodrome) but only if the event area includes the vicinity of a specified aerodrome; (b) regulations 91.630 and 91.640 of CASR (radio failure procedures and listening watch); (c) regulation 91.635 of CASR (radio requirement in Class E airspace); and (d) two specific provisions of CAO 95.8: subparagraph 10.3(a) to the extent it requires carriage or use of a VHF radiocommunication system, and subparagraph 10.4(b). This exemption is available whether or not the aircraft actually has a VHF radio. However, the right to rely on the exemption is conditional on strict compliance with seven conditions in section 6. Duty 1: The aircraft must be equipped with a serviceable UHF radiocommunication system. This is not a VHF radio; the instrument deliberately shifts the communication requirement from VHF to UHF for approved events. Duty 2: If during a flight the pilot becomes aware that the UHF system is unserviceable, the pilot must cease the flight as soon as safely practicable. Duty 3: Before conducting a flight using the exemption, the pilot must be satisfied that a ground communications station will be established and maintained in accordance with any directions issued to SAFA, and that the station is operating satisfactorily. The pilot may rely on the daily briefing to form this satisfaction. Duty 4: The pilot must be satisfied that a NOTAM has been published for the day of the flight providing information about event operations to other aircraft. Duty 5: If CASA has directed SAFA to ensure that a danger area is active covering event operations on that day, the pilot must be satisfied that the danger area is active. Duty 6: The pilot must attend a daily briefing conducted or arranged by SAFA. Duty 7: The pilot must operate in accordance with the SAFA ASAO exposition as it existed at the time the instrument commenced (30 January 2025). Duty 8: The pilot must hold a relevant qualification that authorises participation in the event. Duty 9: The pilot may only fly within the event area. Duty 10: If a danger area is required and active, the pilot may only fly within that active danger area. The instrument also imposes duties on SAFA: it must apply for approval, must have adequate personnel and procedures, and must comply with any directions issued by CASA. CASA has the duty to consider SAFA’s capability before granting an approval, and the right to impose directions and specify event parameters.

The instrument itself does not create any new penalty provisions. It is an exemption instrument, not a penalty-creating regulation. The enforcement consequences flow from non-compliance with the conditions that attach to the exemption, and from the underlying CASR provisions that the exemption displaces. If a pilot fails to comply with any condition in section 6, the exemption in section 5 ceases to apply to that flight. The pilot then becomes fully subject to the standard legal requirements: regulation 91.400, 91.630, 91.640, 91.635, and the relevant provisions of CAO 95.8. Operating a hang glider or paraglider without the required VHF radio or without making required radio calls in Class E airspace or near a non-controlled aerodrome would then be a breach of those regulations, which carry their own penalty regimes under CASR. The Civil Aviation Safety Regulations prescribe maximum penalties for breaches of regulations - typically penalty units (per the Crimes Act 1914) for individuals and bodies corporate, and possible infringement notices. For example, breaching regulation 91.400 could attract a penalty under the CASR penalty framework. Similarly, operating without a required radio in Class E airspace (regulation 91.635) could be enforced by CASA. The instrument also requires the pilot to hold a relevant qualification; if the pilot does not hold such a qualification, they are not covered by the exemption and are also potentially in breach of other CASR provisions requiring appropriate pilot authorisations. The instrument gives CASA oversight through the event approval process: if SAFA fails to have adequate personnel or procedures, CASA may refuse or revoke an event approval. The directions that CASA may issue to SAFA under subsection 4(6) are issued under regulation 11.245 of CASR, which would be enforceable as directions under CASR. Non-compliance by SAFA with such directions could lead to CASA withdrawing the event approval or taking other regulatory action. The instrument does not include any civil penalty or offence provisions specific to this exemption; enforcement relies on the existing CASR enforcement machinery. CASA may also take action under the Civil Aviation Act 1988, such as suspending or cancelling approvals, or issuing enforceable undertakings. The practical effect is that pilots and SAFA must treat the conditions as legally binding, because failure to meet them strips away the defence that the exemption would otherwise provide in any enforcement proceeding for a breach of the radio requirements.

This instrument operates as an exemption within the broader framework of the Civil Aviation Safety Regulations 1998 (CASR) and the Civil Aviation Act 1988. It is made under regulations 11.160 and 11.205 of CASR, which are general exemption-making powers. It specifically references and displaces regulation 91.400 (radio communications near non-controlled aerodromes), regulation 91.630 (radio failure actions), regulation 91.640 (listening watch), and regulation 91.635 (radio in Class E airspace). Those regulations otherwise apply to all aircraft, including hang gliders and paragliders, subject to any other exemptions. The instrument also interacts with Civil Aviation Order 95.8. CAO 95.8 is a standing instrument that governs the operation of hang gliders and paragliders. Subparagraph 10.3(a) of CAO 95.8 requires carriage and use of a VHF radiocommunication system under certain circumstances; the exemption removes that requirement to the extent it relates to VHF. Subparagraph 10.4(b) of CAO 95.8 imposes a specific equipment standard; the exemption removes compliance with that subparagraph. Importantly, a note to section 5 points out that subsection 8 of CAO 95.8 already provides persons with an exemption from other CASR and CAR provisions (including regulation 91.625) for relevant aircraft employed in private operations. So pilots already had some relief from other radio rules; this instrument expands the relief for event participants. The instrument also interacts with the SAFA ASAO framework. Regulation 149.080 of CASR deals with approval of ASAO expositions; the instrument forces pilots to operate in accordance with that exposition as it existed at commencement. Any change to the exposition after commencement does not alter the compliance obligation for pilots under this instrument - they must adhere to the earlier version. This creates a static reference that may diverge from SAFA’s current exposition over time. The instrument also mentions the possibility of directions issued under regulation 11.245 of CASR. That regulation allows CASA to issue directions to certain persons, and the instrument authorises CASA to direct SAFA regarding conduct of the event. Those directions would be binding on SAFA, and the pilot’s duty to be satisfied about the ground communications station refers to compliance with those directions. The instrument also implicitly interacts with the airspace classification system: the exemption for Class E airspace (regulation 91.635) only applies if the event area includes Class E airspace. If the event area is entirely in Class G airspace, that part of the exemption may not be needed. The NOTAM requirement interacts with the NOTAM system under the CASR and the Airservices Australia framework. The danger area concept interacts with the airspace management provisions of CASR, likely Part 92 (Danger Areas). The instrument does not affect the operation of the Civil Aviation Act itself, nor does it override the Radiocommunications Act 1992 (which governs radio licensing) - the pilot must still ensure the UHF radio is lawfully operated under that Act. The exemption is confined to the listed provisions; all other regulatory requirements (such as pilot licensing, airworthiness, airspace access rules not mentioned, and operational limitations in CAO 95.8) continue to apply.

This instrument is the original and only version. It is titled CASA EX08/25 - Radio Requirements (Approved Hang Gliding and Paragliding Events) Exemption 2025. It was made by Andreas Marcelja, Executive Manager, Stakeholder Engagement, as a delegate of CASA, on 30 January 2025. The instrument commences at the time of registration on the Federal Register of Legislation. It has not been amended since commencement. Because it is an exemption instrument with a fixed repeal date of 31 October 2027, it has a sunset clause built in. It is not part of a series that has been amended previously; each CASA exemption instrument is a standalone instrument. The instrument defines SAFA ASAO exposition as the set of documents approved under regulation 149.080 as existing at commencement, but provides for the possibility that those documents may be changed under regulations 149.115 or 149.120 or via the process in paragraph 149.340(i). However, the instrument does not itself amend the exposition - it simply references whatever version existed at commencement. If CASA later amends the SAFA ASAO exposition under those regulations, the amendment does not alter the version that pilots must comply with under this exemption (the commencement version). This is a potential source of confusion, but it is not an amendment to the exemption instrument itself. The instrument also does not amend CAO 95.8 or any CASR provision; it merely exempts from them for a limited class of operations. There is no legislative amendment history because none has occurred. Any future amendment would require a new CASA exemption instrument (e.g., CASA EX09/25) if changes were needed, or the present instrument could be revoked and replaced before its sunset. As of the date of writing, no such amending instrument has been registered. The explanatory statement that accompanies CASA EX08/25 (which is mentioned in the note to the SAFA ASAO exposition definition) may provide additional context but is not part of the instrument itself. The instrument is registered under the Legislation Act 2003 and is available on the Federal Register of Legislation.

This instrument is an exemption made by a CASA delegate under delegated legislative power. It is not a primary law and has not been the subject of any reported court proceedings. As an administrative instrument, it could theoretically be challenged on grounds such as jurisdictional error (if CASA exceeded its power under regulations 11.160 or 11.205), procedural error (if CASA did not properly consider the mandatory considerations), or unreasonableness (though this is rare for exemptions). However, as of the time of writing, no litigation involving CASA EX08/25 has been identified. The instrument has only been in force since late January 2025 and is of limited duration and scope. There is also no reported litigation concerning predecessor instruments of a similar nature (e.g., earlier CASA exemptions for hang gliding events under earlier CASR frameworks). The instrument itself does not create any private rights of action; it is a public law exemption. Any dispute would likely arise in the context of CASA enforcement action against a pilot who claimed the exemption but arguably did not comply with the conditions. A court (typically the Federal Court or the Administrative Appeals Tribunal) might then need to interpret the instrument, particularly the definitions and conditions. For example, the meaning of ‘satisfied that a ground communications station will be established and maintained in accordance with directions’ could be contested if the pilot relied on a briefing but the station was not actually established. Similarly, the phrase ‘in the vicinity of’ relies on regulation 91.360, which itself may have been the subject of litigation. A pilot might also challenge a CASA decision to refuse an event approval under subsection 4(2). Such a challenge would be an application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 or the ADJR Act. CASA’s decision must consider whether SAFA has adequate personnel and procedures to ensure pilot compliance with conditions; a failure to consider that matter could be a reviewable error. Alternatively, a pilot or SAFA could seek merits review in the AAT if the refusal is a reviewable decision under the Civil Aviation Act. No such cases have been reported. The instrument is also likely to be referenced in CASA enforcement proceedings if a pilot is alleged to have breached a radio requirement and raises the exemption as a defence. In such a case, the burden would likely be on the pilot to show that all conditions were met. The instrument’s short lifespan and niche application mean litigation is unlikely, but not impossible.

Several features of the instrument could easily trap an unwary pilot or organiser. Gotcha 1: VHF vs UHF. The exemption removes the requirement for a VHF radio, but imposes an obligation to carry a serviceable UHF radio. A pilot who thinks they can fly with no radio at all will be in breach. The UHF radio must be serviceable; if it fails in flight, the pilot must land as soon as safely practicable - they cannot continue the flight relying on the exemption. Gotcha 2: The SAFA ASAO exposition version. The instrument requires pilots to operate in accordance with the SAFA ASAO exposition as it existed at the time the instrument commenced (30 January 2025). If SAFA later updates its exposition (for example, to change operational procedures), pilots are still bound by the earlier version under this exemption. They must know what that earlier version said, not just the current version. Failure to comply with the earlier version could invalidate the exemption, even if the pilot was following the current version. Gotcha 3: Daily briefing attendance. The pilot must actually attend the daily briefing. Relying on a friend’s notes or a recording is not sufficient. The briefing is also the basis for the pilot’s satisfaction about the ground communications station - if the briefing does not cover that, or if the pilot skips it, they may not be able to form the required satisfaction. Gotcha 4: Danger area dependency. The exemption only applies if the pilot is satisfied that a danger area is active when CASA has directed that one must be active. If the NOTAM says the danger area is active but it is not actually active (e.g., it was cancelled by Airservices), the pilot may be flying in an area that is not properly designated, and the exemption could be lost. Gotcha 5: Only within event area. The exemption only applies within the event area. If a pilot drifts outside the lateral or vertical limits of the event area (for example, due to weather), the exemption ceases, and standard radio requirements apply immediately. This could be a problem if the pilot does not have a VHF radio or is not making required calls. Gotcha 6: The ground communications station condition. The pilot must be satisfied that a ground communications station will be established and maintained in accordance with directions from CASA. If SAFA has not set up the station, or if it is not operating satisfactorily, the pilot cannot fly under the exemption. The pilot cannot rely on a vague assurance - they must have a reasonable basis to be satisfied. Gotcha 7: Relevant qualification limitations. The pilot must hold a relevant qualification that authorises participation in the event. If the event approval specifies a minimum SAFA qualification, the pilot must hold that or a higher one, or an overseas equivalent recognised by SAFA. The recognition process is not defined in the instrument; SAFA must have actually recognised the overseas qualification as equivalent. A pilot who assumes their foreign license is automatically accepted may be wrong if SAFA has not processed the recognition. Gotcha 8: NOTAM timing. The NOTAM must be published for the day of the flight. If it is published after the pilot takes off, or only covers a different day, the condition is not satisfied. Gotcha 9: The exemption is not indefinite. The instrument is repealed at the end of 31 October 2027. After that date, even if an event approval remains in force, the exemption no longer applies - pilots must comply with all standard radio requirements. The event approval itself may cease to have effect if it was granted under this instrument. Gotcha 10: Directions from CASA may be retrospective? Directions issued under subsection 4(6) could potentially be issued after the event approval is granted, and they bind SAFA. Pilots need to be aware of any such directions because they affect the ground communications station and danger area requirements. The instrument does not require that directions be published in a particular way - pilots must rely on SAFA to communicate them.

Compliance with this exemption requires action by both SAFA and participating pilots. For SAFA, the first step is to apply to CASA in writing for approval of a specific hang gliding or paragliding event. The application must be sufficient for CASA to consider whether SAFA has adequate personnel and procedures to ensure pilots will comply with the conditions. Once CASA grants an event approval - specifying the event area, event period, and minimum qualification, and optionally a specified aerodrome - SAFA must comply with any directions CASA issues under subsection 4(6). SAFA must then ensure that for each day of the event, a ground communications station is established and maintained in accordance with those directions and is operating satisfactorily. SAFA must publish a NOTAM for the day covering event operations. If CASA has directed that a danger area be active, SAFA must ensure that the danger area is active through the appropriate airspace management process. SAFA must also conduct or arrange a daily briefing for all participating pilots. For pilots, compliance involves several steps before each flight. First, ensure the hang glider or paraglider is equipped with a serviceable UHF radiocommunication system. Check the UHF radio before flight; if it is unserviceable, do not fly. Second, obtain a copy of the SAFA ASAO exposition as it existed on 30 January 2025 (commencement date). This may require obtaining the version from SAFA or from CASA’s records. Operate in accordance with that exposition throughout the event. Third, confirm that you hold a relevant qualification as defined - either the minimum SAFA qualification specified in the event approval, a higher SAFA qualification, or an overseas qualification that SAFA has recognised in writing as equivalent or higher. Fourth, attend the daily briefing conducted or arranged by SAFA. Fifth, during the briefing or from other reliable information, become satisfied that a ground communications station will be established and maintained per any directions to SAFA and is operating satisfactorily. The briefing can be used to reach this satisfaction. Sixth, verify that a NOTAM has been published for the day of the flight that provides information about event operations. This can be checked via the NOTAM system or through SAFA. Seventh, if CASA has directed that a danger area must be active, confirm that the danger area is active (e.g., through the NOTAM or airspace activation). Eighth, ensure that the entire flight will occur within the event area specified in the event approval. If a danger area is required and active, ensure the flight remains within the active danger area. During flight, monitor the UHF radio and maintain communication with the ground station as required by the exposition and directions. If the UHF radio becomes unserviceable during flight, land as soon as safely practicable - do not continue flying under the exemption. After the event, keep records of the event approval, NOTAMs, briefings, qualification evidence, and radio serviceability checks, as CASA may request them in any compliance audit or enforcement action. For pilots who also operate outside approved events, remember that this exemption only covers flights within the event area and period; all other flights must comply with standard CASR radio requirements.