CASA EX61/19 — Use of Radiocommunication Systems in Parachute Operations (Australian Parachute Federation Ltd) Instrument 2019

The instrument rests on a small set of interlocking legal and operational concepts, spelled out in its defined terms and operative sections.

• Exemption and conditionality. The core legal device is an exemption from two particular regulatory requirements: CAR regulation 83 and CASR regulation 64.040 (s4(1)). The exemption is not unconditional; s4(2) states it is subject to the conditions in s6. The instrument therefore functions by suspending application of certain regulatory obligations for a defined actor, provided the actor complies with alternative requirements set by the instrument and APF materials. The precise text of the exempted provisions is not reproduced in the instrument, so readers must cross‑refer to CAR reg 83 and CASR reg 64.040 to see the underlying duties that are being displaced.

• Delegated administrative approval. Section 5 creates a mandatory pre‑deployment administrative gate internal to the APF. The Safety and Training Manager, or a delegate, must assess competency to use aviation protocol for ground‑to‑air transmissions and must provide written approval before a candidate may perform GCA responsibilities (s5(a)-(b)). The instrument therefore allocates decision‑making power to a named office-holder within the APF structure rather than to CASA in each case.

• Reference to APF self‑governance documents. The instrument incorporates the APF Operational Regulations and the APF Training Operations Manual (TOM) by reference and gives them legal effect as the standards that training and responsibilities must meet (s3). Those documents are described as "as approved in writing by CASA and as existing from time to time" (s3, APF Operational Regulations definition). The GCA candidate training requirements are stated to be in section 6.3 of the TOM as at commencement; the instrument also notes paragraph 6.1.8 of the Operational Regulations as containing the requirements and responsibilities for GCAs at commencement. The instrument therefore sets up a governance chain in which CASA approves APF documents, and the APF documents set detailed operational standards that determine compliance with the instrument’s conditions.

• Spectrum and equipment limits. The instrument restricts permissible frequency usage to the aeronautical mobile radio frequency band that ACMA has allocated or licensed for parachute club operations (s6(b)). A contemporaneous note points to ACMA’s class licence instrument which, as at commencement, licensed VHF 119.2 MHz for parachute club operations. The instrument also restricts the substantive use of the band to ground‑to‑air communications to the pilot in command during parachute operations or parachute training operations (s6(c)) and caps transmitter output power at 5 watts (s6(d)). These constraints define the technical envelope of the exemption.

• Temporal scope and statutory foundation. The instrument is time‑limited (s2) and made under specific CASR instrument‑making powers (pre‑amble). The instrument’s time limit and statutory authorisation are primary legal characteristics that affect renewals, extensions or reliance planning by affected operators.

These concepts combine to create a compliance regime where CASA authorises APF‑administered, training‑based authorisation of GCAs to use specified aeronautical radio resources under defined technical and operational restraints, for a finite period.

The instrument identifies a narrow, definitional population that it affects directly, together with the APF as an organisation that is assigned administrative responsibilities.

• Primary affected persons. The directly affected individuals are APF ground control assistants as defined in s3. An APF ground control assistant must meet the requirements of the APF Operational Regulations for a ground control assistant and perform the responsibilities mentioned in those Operational Regulations, for either a parachute operation or a parachute training operation (s3, APF ground control assistant). The definition therefore links status as a GCA to APF membership, training, assessment and role performance as set by APF materials. The instrument also uses “ground control assistant” and “GCA” interchangeably and relies on the APF Operational Regulations’ own definition (s3).

• Secondary affected persons. The instrument affects APF member organisations and training organisations defined in s3 insofar as their operations must align with the APF Operational Regulations and APF Training Operations Manual which are incorporated. Training organisations authorised by APF to conduct parachute training operations fall within the scope of the definition of parachute training operation and thus within the regulatory perimeter when carrying out such operations (s3, training organisation; parachute training operation).

• APF internal decision‑makers. The Safety and Training Manager of the APF, or the person acting in that role, is required to undertake competency assessment and provide written approval before a GCA candidate can perform duties (s5). The instrument therefore imposes a statutory administrative duty on that officer (or delegate), making them a point of control over who becomes an operational GCA under the exemption.

• Operators of jump aircraft and pilots. The instrument limits the scope of permitted communications to ground‑to‑air communications with the pilot in command of the jump aircraft (s6(c)). That means pilots of jump aircraft will receive communications made under this instrument and must expect those communications to be conducted under aviation protocol as assessed by the APF Safety and Training Manager (s5(a)). The instrument does not directly alter pilot duties but affects the communication environment in parachute operations and parachute training operations.

• Regulators. The instrument references the ACMA licensing regime indirectly by requiring use of frequencies allocated or licensed by ACMA for parachute club operations (s6(b)). The instrument therefore situates some compliance obligations in relation to ACMA licences that may govern spectrum access, and indicates an inter‑agency relationship between CASA regulatory authority and ACMA spectrum allocation.

The instrument does not specify cost allocation for training, equipment or administrative tasks. It also does not vary the status of non‑APF GCAs or persons operating radiocommunication equipment for other purposes. Persons who are not APF ground control assistants remain subject to the underlying radiocommunication and aviation regulations (those not exempted under s4(1)). Finally, the time limit in s2 confines the population’s regulatory relief to the instrument’s operative window (1 July 2019 to 31 May 2022).

The instrument creates a limited set of duties and entitlements by reference to exemption, qualification, administrative approval and conditional operation.

Duties established by the instrument

• Pre‑start competency assessment and written approval. Section 5 obliges the person holding, or acting in, the position of Safety and Training Manager of the APF, or the person’s delegate, to assess a GCA candidate’s competency to transmit ground‑to‑air communications to the pilot in command of a jump aircraft using aviation protocol, and to approve that competency in writing, before the candidate may perform the responsibilities of a ground control assistant. This is an affirmative administrative duty placed on an APF officer and must be completed prior to operational performance.

• Training completion. Section 6(a) requires the APF ground control assistant to have completed a course of instruction in the use of aviation radiocommunication systems and the responsibilities of the GCA that meets the GCA candidate training requirements mentioned in the APF Training Operations Manual. The Training Operations Manual is incorporated by reference and is the instrument’s mechanism for calibrating training content and standards.

• Frequency and technical constraints. Sections 6(b)-(d) impose operational duties: only using the aeronautical mobile radio frequency band allocated or licensed by ACMA for parachute club operations; using that band only for ground‑to‑air communications with the pilot in command during parachute operations or parachute training operations; and operating the radiocommunication system with transmitter output power not exceeding 5 watts. These are explicit limits on the conduct of radio operations by a GCA.

• Compliance with APF materials. By defining GCA, referencing APF Operational Regulations and TOM “as existing from time to time” (s3), the instrument requires GCAs and APF member organisations to comply with the APF documents that form part of the compliance framework for the exemption.

Entitlements under the instrument

• Exemption from two named provisions. The principal entitlement is the limited regulatory relief in s4(1): an APF ground control assistant, when operating radiocommunication equipment in relation to GCA responsibilities, is exempted from complying with CAR reg 83 and CASR reg 64.040, subject to the conditions in s6. That entitlement applies only to persons who meet the definitional and conditional requirements.

Duties not imposed by the instrument

• The instrument does not itself set criminal or civil penalties. It does not restate or modify enforcement mechanisms or provide a separate sanctions regime. It does not allocate costs or require CASA to issue licences. The instrument does not create an entitlement to use spectrum beyond the ACMA licensing regime; instead it ties permissible spectrum to whatever ACMA has allocated or licensed for parachute club operations (s6(b) and accompanying note).

Cross‑references and incorporated standards

• The APF Operational Regulations and TOM are used as compliance standards. Section 3 defines them and notes they are “as approved in writing by CASA and as existing from time to time”. The instrument thereby delegates technical standards for training and GCA responsibilities to the APF documents subject to CASA approval. As at commencement, the instrument points to specific locations in those APF documents for the GCA requirements (paragraph 6.1.8 of the Operational Regulations; section 6.3 of the TOM).

Practical implication of duties and rights

• The instrument places operational control in the hands of the APF Safety and Training Manager for candidate approval, while the entitlement to operate without complying with CAR reg 83 and CASR reg 64.040 is conditional on training, frequency and technical constraints. The instrument thereby creates a compliance pathway that substitutes APF administration and ACMA spectrum licensing for the otherwise applicable CAR/CASR requirements in the narrow factual contexts described.

The instrument itself does not create new penalty provisions or a distinct enforcement apparatus. Its legal effect is to create an exemption from two identified regulatory provisions and to impose conditions and an administrative direction. The instrument therefore interacts with enforcement regimes indirectly rather than by setting out fresh sanctions.

What the instrument does provide

• Conditional exemption. Section 4(1) grants an exemption from CAR regulation 83 and CASR regulation 64.040 for APF ground control assistants operating radiocommunication systems in relation to performance of GCA responsibilities. Section 4(2) makes clear the exemption is subject to the conditions in s6. The practical enforcement consequence is that the exemption is contingent on compliance with those conditions; failure to satisfy the conditions will mean the person is not operating under the instrument’s exemption and will remain subject to the standard requirements of CAR reg 83 and CASR reg 64.040.

• Administrative requirement with evidentiary element. Section 5 requires written approval of competency by the APF Safety and Training Manager (or delegate) before a candidate may perform GCA responsibilities. That written approval creates an internal APF record which can be used to demonstrate compliance with the instrument. In enforcement contexts, absence of that written approval would be a direct factual basis for concluding non‑compliance with the instrument’s preconditions.

Matters not contained in the instrument

• No new penalty amounts or specific enforcement procedures are set. The instrument does not specify fines, administrative monetary penalties, or criminal offences for breach of the instrument itself. It does not specify whether CASA will conduct audits or inspections under this instrument, nor does it prescribe remedial steps for breaches beyond exclusion of the exemption.

• Enforcement by reference. Because the instrument exempts GCAs from reg 83 of CAR and reg 64.040 of CASR only while the conditions are met, the ordinary enforcement posture for those underlying provisions remains relevant. If an APF ground control assistant does not meet the conditions and nonetheless operates a radiocommunication system, they would be subject to the standard regulatory regime that applies to persons required to comply with CAR reg 83 and CASR reg 64.040. The instrument does not restate those regimes or their penalties, so interested parties must consult the applicable sections of the CAR and CASR for enforcement and penalty details.

• Inter‑agency enforcement potential. The instrument conditions spectrum use on ACMA licensing (s6(b)). ACMA’s licensing and enforcement powers over radiocommunications remain in force. The instrument does not, and cannot, alter ACMA’s powers; it only limits permitted frequency use to those bands ACMA has allocated or licensed for parachute club operations. Breach of ACMA licensing conditions would be a matter for ACMA enforcement, not something remedied by the instrument.

Evidentiary and compliance monitoring implications

• Documentation. The written approval required by s5 generates documentary evidence of compliance. The APF Training Operations Manual and Operational Regulations, incorporated by reference, are the operational standards whose existence and content should be kept on file. The instrument’s notes state that at commencement the APF TOM and Operational Regulations were available free on the APF website; having contemporaneous copies and records of assessments and approvals will therefore be a critical compliance control.

• Temporal enforcement window. The instrument expires at the end of 31 May 2022 (s2(b)), and a note to s2 records that the direction in s5 ceases at that time for CASR reg 11.250 purposes. After repeal the exemption no longer applies; enforcement of the underlying provisions would therefore resume fully against persons who had been relying on the instrument unless another instrument or regulatory change intervenes.

In short, enforcement implications are primarily indirect: the instrument creates a conditional safe harbour (the exemption) enforceable by reference to its conditions, but does not itself set out how breaches are to be punished. Compliance documentation and adherence to APF‑approved training and ACMA licensing will determine whether an individual is operating under the instrument or subject to the underlying CAR/CASR requirements and any associated enforcement mechanisms.

The instrument is explicitly framed as an instrument under CASR and engages several other statutory and regulatory instruments by reference. Its operation depends on reading it alongside CAR, CASR and ACMA licensing documents.

Statutory basis and regulatory cross‑references

• Authorising provisions. The instrument is made under CASR regulations 11.160, 11.205 and 11.245, as stated in the preamble. Those CASR instrument‑making powers authorise CASA to make exemptions and directions of the sort contained in this instrument. The instrument’s legal validity therefore rests on those CASR provisions, which set the procedural and substantive scope for such instruments.

• Exempted regulations. The instrument creates an exemption from CAR regulation 83 and CASR regulation 64.040 (s4(1)). To understand the full legal effect of the exemption one must read those regulations in full, because the instrument does not reproduce them. The exemption temporarily disapplies those particular regulatory requirements for qualifying APF GCAs subject to the listed conditions.

Incorporation by reference of APF documents

• APF Operational Regulations and Training Operations Manual. Section 3 defines the APF Operational Regulations and the APF Training Operations Manual as the APF’s documents "as approved in writing by CASA and as existing from time to time". The instrument therefore integrates APF's internal regulatory documents with its compliance framework. Since those documents are not reproduced in the instrument, the substantive operational standards are located in the APF materials, which must have CASA approval to have normative effect under this instrument.

• Dynamic content. Because the APF documents are incorporated "as existing from time to time", the instrument contemplates that the APF may update training requirements and operational responsibilities without amendment to CASA EX61/19. This creates a regulatory interaction where APF internal rules effectively determine compliance with a CASA exemption, subject to the prior CASA approval requirement referenced in the definition.

Interaction with ACMA spectrum law

• ACMA licensing condition. The instrument requires GCAs to use "the aeronautical mobile radio frequency band allocated or licensed by the Australian Communications and Media Authority (ACMA) for parachute club operations" (s6(b)) and notes that as at commencement ACMA had licensed VHF 119.2 MHz for parachute club operations (note to s6(b) citing Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2016, Schedule 1 Part 1.2 item 2). The instrument therefore defers to ACMA for the technical entitlement to spectrum and ties permitted use to whatever frequency allocation or licence ACMA designates.

• Separate enforcement track. ACMA retains its regulatory remit over spectrum, licensing and technical compliance. The instrument does not alter ACMA’s powers. A person operating a radio under this instrument must therefore be compliant with ACMA licence conditions as well as with the instrument’s conditions; breach of ACMA conditions would be a separate legal issue.

Temporal interaction and repeal

• Time‑limited effect. Section 2 establishes commencement on 1 July 2019 and repeal at the end of 31 May 2022. The instrument therefore provides a temporary modification to how particular radiocommunication requirements apply to APF GCAs; after the repeal date the underlying statutory and regulatory requirements will operate in full unless replaced by a further instrument or other regulatory change.

What the instrument does not do

• It does not amend the CAR or CASR provisions it references; it creates an exemption and imposes a direction and conditions. It does not purport to change ACMA’s licences or to create new spectrum rights.

• It does not create new federal offences nor displace ACMA’s separate enforcement powers. Those other legal regimes remain applicable and must be consulted to understand the full legal obligations that apply to persons operating radio equipment during parachute operations.

In sum, CASA EX61/19 is a limited, inter‑regulatory instrument that operates by carving out compliance under CAR and CASR for a narrow class of persons, while relying on APF documents for standards and on ACMA for spectrum allocation. Practical compliance therefore requires aligning with the APF materials and ACMA licences in addition to maintaining awareness of the expiry date and any subsequent regulatory changes.

The instrument itself contains limited history because it is a single instrument with explicit commencement and repeal dates. The content supplied documents the initial making and the temporal parameters; there are no textual amendments contained within the supplied text.

Recorded dates and status

• Made by delegate and signature date. The instrument is signed by Christopher Paul Monahan, Executive Manager, National Operations & Standards, a delegate of CASA. The signature appears dated 21 June 2019 in the instrument preamble.

• Commencement and repeal. Section 2(a) specifies commencement on 1 July 2019 and section 2(b) specifies repeal at the end of 31 May 2022. A separate note to s2 records that, for the purposes of CASR regulation 11.250, the direction in section 5 ceases to be in force at the end of 31 May 2022. Those temporal markers define the instrument’s life cycle.

References to contemporaneous versions of incorporated documents

• APF documents at commencement. The instrument’s notes record that, at commencement, the latest versions of the APF Operational Regulations and APF Training Operations Manual were those dated "effective: 01 April 2019" and that they were available for free from the APF website (s3 note). The instrument incorporates those documents "as existing from time to time" and thus contemplates post‑commencement updates by APF subject to CASA approval in writing (s3, APF Operational Regulations definition).

• ACMA class licence status at commencement. A note to s6(b) records that as at commencement ACMA had licensed VHF 119.2 MHz for parachute club operations under the Radiocommunications (Aircraft and Aeronautical Mobile Stations) Class Licence 2016 (Schedule 1 Part 1.2 item 2). This is a contemporaneous cross‑reference rather than an amendment record.

Absence of amendments recorded in the text

• The supplied instrument text does not include any subsequent amendments, extensions, or revocations beyond the repeal date. There is no express provision in the text for automatic extension or for retrospective validation beyond the stated repeal date. Any post‑repeal status (renewal, expiry, replacement, or judicial challenge) is not recorded in the instrument text and would need to be checked against CASA records or later instruments.

Practical implications of the amendment framework

• Because the instrument incorporates APF documents "as existing from time to time", substantive operational or training changes can occur within the APF framework without amendment to the instrument itself, provided APF documents remain approved in writing by CASA. The instrument therefore creates a static legal shell whose operational content can evolve administratively through updates to the incorporated APF materials.

• The instrument’s clear repeal date imposes a known regulatory horizon for affected parties; organisations relying on the instrument would need to plan for the post‑31 May 2022 position, whether that is reissuance, replacement, or a return to the default regulatory regime under CAR and CASR.

Because the instrument is short and time‑limited, the amendment history recorded in the supplied text is essentially the making and the scheduled expiry. Any further amendment history is not contained in the instrument and would have to be obtained from CASA or the Commonwealth Gazette.

The instrument text contains no mention of litigation, judicial review, decisions, or any cases. It names no cases and does not recount any disputes or judicial interpretations. Therefore, within this source, there is no litigation history to report.

What the absence of litigation information means for practitioners

• No recorded cases in the instrument. Because the instrument itself does not reference decisions or court proceedings, practitioners cannot derive any case law guidance or judicial construction of the instrument from the text provided. There is no precedent in the instrument that clarifies contested points such as the scope of "ground‑to‑air communications", how strictly ACMA frequency allocations will be interpreted, or how s5’s written‑approval requirement will be audited in practice.

• Practical consequence: due diligence required. In the absence of judicial guidance recorded in the instrument, affected parties should be prepared to rely on primary materials (the instrument, the APF Operational Regulations and TOM as approved by CASA, the ACMA class licence instrument and relevant CAR/CASR provisions) and internal administrative records (written approvals under s5) in the event of a compliance dispute.

• Administrative review and other remedies. The instrument does not itself describe review pathways or appeal mechanisms. That is consistent with the instrument’s form as a regulatory exemption/direction. If a person is aggrieved by an administrative decision under s5 (for example, refusal of written approval), the instrument does not create or limit statutory review rights; any such rights would arise under the Administrative Decisions (Judicial Review) Act 1977 or other applicable administrative law provisions, or under any appeal mechanisms established by CASA or APF internal processes. The instrument itself does not articulate those routes.

• Enforcement action under other regulators. Because the instrument ties spectrum use to ACMA licences, enforcement action by ACMA relating to radiocommunications would proceed in accordance with ACMA powers and procedures, none of which are set out in this instrument. The instrument contains no record of litigation between ACMA and APF or GCAs.

In summary, the supplied instrument contains no litigation history. Practitioners wishing to understand past disputes or judicial interpretation must consult external sources such as court records, administrative review tribunals, or CASA/ACMA enforcement records, none of which appear in this instrument.

This instrument is short and specific, but it contains a number of features that can produce compliance traps or operational friction if practitioners or operators fail to align actions precisely with the text and referenced materials.

Time limit and expiry

• Repeal date. The instrument is expressly repealed at the end of 31 May 2022 (s2(b)). Any reliance on the exemption or the APF‑administered approval regime must be qualified by that date. Operators continuing similar conduct after repeal, without a replacement instrument or separate authorisation, would no longer benefit from the exemption and would be subject to CAR reg 83 and CASR reg 64.040.

• Direction cessation. The instrument’s note to s2 states that for regulation 11.250 of CASR, the direction in s5 ceases to be in force at the end of 31 May 2022. The direction’s procedural requirement for written approval is therefore time‑bounded; after the stated date other requirements or processes may apply.

Dependency on external instruments and documents

• ACMA licensing changes. Section 6(b) conditions permissible frequency use on "the aeronautical mobile radio frequency band allocated or licensed by the Australian Communications and Media Authority (ACMA) for parachute club operations". The instrument notes that, at commencement, ACMA had licensed VHF 119.2 MHz for parachute club operations under a class licence. If ACMA changes its allocations or licence conditions, compliance under this instrument would require GCAs to use only those bands ACMA designates for parachute club operations. Practitioners should therefore monitor ACMA instruments and changes to the class licence to ensure frequency use remains within the authorised bands.

• APF documents can change. The instrument incorporates the APF Operational Regulations and the APF Training Operations Manual “as existing from time to time” and as approved in writing by CASA (s3). The APF can update its documents operationally, subject to CASA approval, and those updates can alter training, assessment and GCA responsibilities without amendment to CASA EX61/19. A GCA who completed training under an earlier TOM should verify that the training still meets the then‑current GCA candidate training requirements in the TOM as applicable at the time of practice.

Narrow scope of permitted communications

• Ground‑to‑air and pilot limited. Section 6(c) limits use of the authorised frequency band to ground‑to‑air communications with the pilot in command of the jump aircraft during parachute operations or parachute training operations. Using the frequency for other purposes (for instance, non‑pilot recipients, non‑ground‑to‑air transmissions, or for broader club communications outside those operation types) would fall outside the instrument’s conditions and thus outside the exemption.

• Aviation protocol requirement. Section 5(a) requires assessment of competency to transmit ground‑to‑air communications using aviation protocol. The instrument does not define the detail of "aviation protocol" within its text; the APF Training Operations Manual is the document referenced for training. Practitioners should ensure that the assessment evidence aligns with whatever aviation protocol standard the APF TOM requires and that written approvals explicitly attest to competency in aviation protocol.

Power limitation and equipment compliance

• Transmitter output power cap. Section 6(d) sets a hard cap of 5 watts transmitter output power. Using equipment exceeding that output will breach a condition and therefore remove the exemption shield. Operators must ensure equipment is correctly rated, calibrated and used in accordance with the 5 W limit.

Evidentiary burden and documentation

• Written approval required before performing duties. Section 5(b) requires written approval of competency before the GCA candidate performs responsibilities. Absent that written approval, a person cannot claim the benefit of the exemption when operating the radiocommunication system in relation to GCA responsibilities. The requirement thereby creates an evidentiary burden; APF and individuals should retain the written approval documents and training records.

Unspecified allocation of costs and responsibilities

• No funding, licensing or equipment assignment in the instrument. The instrument does not allocate costs for training, equipment purchase or maintenance. It does not grant or vary licence rights in relation to ACMA spectrum; it only restricts permissible use to whatever ACMA has licensed. Absent other arrangements, the instrument leaves allocation of training and equipment costs to APF or the individual parties concerned.

Interagency complexity

• Multi‑actor compliance environment. To be fully compliant an APF ground control assistant must satisfy APF training and written approval (s5, s6(a)); operate only on ACMA‑allocated/licensed frequencies for parachute club operations (s6(b)); and ensure transmissions are ground‑to‑air to the pilot during parachute operations or training (s6(c)). This means compliance rests on aligning APF internal approvals, ACMA licensing status, and the APF materials. A failure anywhere in that chain can remove the exemption.

In short, the main "gotchas" are temporal expiry, dependence on ACMA allocations and APF document updates, the narrow permitted use of frequencies and communications types, the strict 5 W power limit, and the necessity of written approval prior to practice. Practitioners should treat the instrument as a conditional, administrative relief that requires coordinated record keeping and active monitoring of APF and ACMA materials.

Compliance under this instrument requires a combination of APF internal administrative steps, adherence to specified technical limits and record keeping. The instrument creates a specific pathway; below is a practical checklist built from the instrument text and accompanying notes.

1. Confirm status as an APF ground control assistant

• Ensure the person meets the APF Operational Regulations’ requirements for a ground control assistant and performs the responsibilities mentioned in the APF Operational Regulations for parachute operations or parachute training operations (definition of APF ground control assistant, s3). The instrument notes that, as at commencement, paragraph 6.1.8 of the APF Operational Regulations sets out those requirements, including that a person must be a member of the APF and trained and assessed in accordance with the APF Training Operations Manual.

• Verify APF membership if the APF Operational Regulations require membership as part of the qualification process.

2. Complete required training

• Complete a course of instruction that meets the GCA candidate training requirements in the APF Training Operations Manual (s6(a)). The instrument notes that the TOM sets out the GCA candidate training requirements (note to s6(a) and s3).

• At commencement the TOM and Operational Regulations were dated “effective: 01 April 2019” and were available on the APF website; however, the instrument incorporates these documents “as existing from time to time” (s3). Confirm the current TOM sections relevant to GCA training (for example the instrument notes section 6.3 as mentioning GCA candidate training requirements at commencement).

• Retain certificates or documentary evidence of course completion in the event of an audit or enforcement enquiry.

3. Obtain written approval from the APF Safety and Training Manager

• Prior to performing any GCA responsibilities that involve operating a radiocommunication system, obtain a competency assessment and written approval from the person holding, or acting in, the position of Safety and Training Manager of the APF, or that person’s delegate (s5(a)-(b)).

• Ensure the written approval explicitly records competency to transmit ground‑to‑air communications to a pilot in command of a jump aircraft using aviation protocol, as that is the competency the instrument requires to be assessed (s5(a)).

• Maintain the written approval on file and ensure it is produced if required to demonstrate reliance on the instrument’s exemption.

4. Ensure equipment and frequency use comply with technical conditions

• Operate only on the aeronautical mobile radio frequency band that ACMA has allocated or licensed for parachute club operations (s6(b)). As at commencement the instrument noted ACMA’s class licence had licensed VHF 119.2 MHz for parachute club operations. Confirm current ACMA allocations and licences, and document that the frequency used at each operation is within an authorised band.

• Use the authorised frequency only for ground‑to‑air communications with the pilot in command of the jump aircraft during parachute operations or parachute training operations (s6(c)). Avoid using the frequency for other purposes or communications not expressly authorised by the instrument.

• Ensure transmitter output power does not exceed 5 watts (s6(d)). This requirement is absolute in the instrument; operators should verify device specification and, where practicable, measure output power to confirm compliance.

5. Keep records and evidence

• Retain the written approval (s5(b)), training completion records, and any relevant APF membership documentation relied upon for the GCA status.

• Record the frequencies used, dates and times of operations, the jump aircraft details (pilot in command), and, if relevant, make logs of communications consistent with good operational practice. While the instrument does not mandate radio logs, keeping them will make it easier to demonstrate that communications were ground‑to‑air to the pilot during parachute operations as required by s6(c).

6. Monitor APF and ACMA materials

• Because the APF Operational Regulations and the TOM are incorporated "as existing from time to time" (s3), check periodically that the APF documents remain approved in writing by CASA and verify any changes to GCA candidate training requirements. Ensure any training completed corresponds to the then‑current TOM requirements applicable at the time the GCA exercises the role.

• Monitor ACMA for changes to the class licence or frequency allocations for parachute club operations. The instrument conditions frequency use on whatever ACMA allocates or licenses for parachute club operations (s6(b) and note).

7. Plan for instrument expiry

• The instrument is repealed at the end of 31 May 2022 (s2(b)). Plan for the post‑repeal regulatory position. If an organisation intends to continue similar practices beyond that date, check for replacement instruments, CASA policy updates, or the need to comply directly with CAR reg 83 and CASR reg 64.040 without the exemption.

8. Understand liabilities and enforcement boundaries

• Recognise that the instrument does not alter ACMA enforcement powers over spectrum licence compliance, nor does it reform the CAR/CASR enforcement regimes. Non‑compliance with ACMA licence conditions remains a matter for ACMA, and non‑compliance with the instrument’s conditions leaves the person subject to the underlying CAR and CASR obligations (s4(1)-(2)).

Practical checklist summary (minimum files to keep)

• APF membership proof where required by the APF Operational Regulations (referenced in s3 notes).

• Evidence of completion of the specified training in the TOM (s6(a) and s3 notes).

• Written competency approval signed by the Safety and Training Manager or delegate before performing duties (s5(b)).

• Technical verification that transmitter output power is not greater than 5 W (s6(d)).

• Confirmation that frequency used is within ACMA‑allocated/licensed bands for parachute club operations (s6(b)), with contemporaneous ACMA licence cross‑reference.

• Operation records showing communications were ground‑to‑air with the pilot in command during parachute operations or parachute training operations (s6(c)).

This compliance path follows the instrument’s express requirements. Because the instrument incorporates and defers to APF documents and ACMA allocations, close coordination with APF administrative processes and monitoring ACMA instruments is a necessary element of compliance.