CASA EX64/25 — Northern Rivers Hang Gliding and Paragliding Club Incorporated Broadcasting Instrument 2025

Definitions and scope. The instrument defines key terms that delimit who and what is covered: “relevant person” (registered Club member), “relevant aircraft” (hang/paraglider fitted with a serviceable UHF radio), and “relevant place” (Lennox Head and Numulgi , Numulgi only for instruction) (s 3; s 4(1)). It designates the geographic scope by reference to the Aeronautical Information Publication's YBBB/Ballina/Byron Gateway mandatory broadcast area, thereby operating inside a mandatory broadcast area (MBA) as detailed in the AIP (s 3, definition of “designated area”).

Exemptions and limits. Section 5 lists exemptions from specified CASR regulations and parts of the MOS and CAO 95.8, but those exemptions are conditional on the instrument’s section 6 constraints and the Club’s compliance with directions in section 7 and Schedule 1. The exemptions do not remove all regulatory obligations; they are targeted to permit a different communications and operational approach for specified flights and persons. For example, exemption from carriage or use provisions is limited by condition that the aircraft remain below 400 feet above ground level (s 6(a)) and carry a serviceable UHF radio (s 6(d)).

Role specification. The instrument creates or recognises specific functional roles: Duty Officer, Reserve Duty Officer, Chief Flight Instructor (CFI), instructor, and Reserve Duty Officer. The Duty Officer is defined in detail by the instrument (s 3): authorised under the Regulations to use VHF radio; appointed by the Club to monitor the VHF radio for the relevant place and communicate with the SFIS air traffic controller on 124.2 MHz and with flying persons on UHF; and holding specified pilot qualifications and flying experience (Intermediate Pilot Certificate (HG) or PG4, and an hours threshold: 80 hours for the type of aircraft, or 50 hours plus experience at the site). The instrument also requires the Duty Officer (and CFI when required) to carry serviceable VHF and UHF radios, maintain listening watch during operations, and follow Schedule 1 procedures (s 7(8), Schedule 1).

Communications architecture. The instrument creates a layered communications architecture. While SFIS broadcasts occur on the CTAF VHF frequency (124.2 MHz), the Club will use UHF to relay flight and safety information to pilots on the ground and in the air at the relevant place. The Duty Officer/CFi must telephone the Brisbane ATSC Supervisor before and after flying operations to provide their name, VHF callsign and a telephone contact, and to broadcast set phrases when outside SFIS published hours (Schedule 1, clauses 1-3 and 8-13). The instrument explicitly anticipates use of a Club messaging service to update members and to record that contact has been made with the BN ATSC Supervisor (s 3 definition; Schedule 1).

Relationship with SAFA/AA. The instrument operates in the context of SAFA’s Part 149 exposition and AA’s operational responsibilities. It presumes the Club adopts SAFA’s operations and qualifications manuals (s 3 definitions) and requires a letter of agreement between the Club and AA that ensures AA will have complementary procedures and that the BN ATSC Supervisor will record contact details and call via telephone when VHF replies are absent (s 4(2)). The instrument notes an existing LoA (LoA 3524 effective 5 September 2021), but it requires the Club to provide CASA with a copy of the letter of agreement before implementing Schedule 1 procedures and to notify CASA of any change (s 7(11)-(12)).

Precedence over internal manuals. Section 8 provides that where the instrument is inconsistent with the SAFA operations or qualifications manual, the instrument prevails to the extent of the inconsistency, and SAFA authorisation holders are exempt from compliance with regulation 149.410 of CASR to the extent necessary (s 8(1)). The Club is required to apply the operations manual in a manner consistent with the instrument (s 8(2)), effectively forcing internal documentation to conform to the instrument’s special regime for the two sites while it is in force.

Temporal and situational constraints. The exemptions and directions are strictly time‑limited and situationally constrained. The instrument applies only while in force (commences day after registration; repealed 12 December 2026) and only in relation to flights from the two specified sites within the YBBB MBA (s 2, ss 3-4). It sets altitude caps (400 feet AGL), personnel presence conditions (CFI required for instruction), and closure rules if required personnel must leave for reasons beyond their control (s 6(a), s 7(3), s 7(5)-(6)).

Directly affected persons and entities. The primary and direct beneficiaries and regulatory subjects are the Northern Rivers Hang Gliding and Paragliding Club Incorporated (the Club), its registered members (“relevant person”), appointed Duty Officers (including Reserve Duty Officers), the Club’s CFI and instructors, and people conducting pilot instruction at Numulgi (s 3, definitions; s 4(1)). The instrument’s exemptions apply only to these persons flying relevant aircraft from the two named places in the designated area (s 4(1), s 5(1)).

Airservices Australia and Brisbane ATSC Supervisor. The instrument requires the existence of a letter of agreement between the Club and Airservices Australia (AA) and specifies duties for the BN ATSC Supervisor to record and, where needed, use telephone details to contact the contact person (s 4(2)). AA and the BN ATSC Supervisor are affected operationally because they must accept and record the Duty Officer or CFI details and, in certain circumstances, use telephone contact if there is no response on CTAF (s 4(2)(a)-(c); Schedule 1, notes). The instrument references an existing LoA (LoA 3524) but makes the Club’s exemptions conditional on a LoA being in effect (s 4(2)).

SAFA and SAFA authorised holders. The instrument interacts with the Sports Aviation Federation of Australia (SAFA), its exposition (operations and qualifications manuals), and holders of SAFA authorisations. The Club adopts SAFA’s operations manual and qualifications manual (s 3). The instrument also modifies the application of regulation 149.410 for SAFA‑issued authorisations to the extent of any inconsistency with the instrument (s 8(1)(b)). SAFA therefore must accept that the Club will apply SAFA documentation in a manner consistent with the instrument and may see deviations authorised by CASA for the period the instrument is in force.

Other airspace users and air traffic service providers. The instrument operates inside the YBBB/Ballina/Byron Gateway mandatory broadcast area , an area where SFIS is provided to IFR and VFR aircraft within the designated area. SFIS air traffic controllers and other airspace users operating in or transiting the MBA are indirectly affected because the Club’s Duty Officer or CFI will be making VHF contact and broadcasting on CTAF 124.2 MHz, and also relaying information to Club pilots over UHF (s 3, definition of SFIS and SFIS air traffic controller; Schedule 1).

Local community and landholders at Lennox Head and Numulgi. Although the instrument’s legal effects are aviation regulatory, practical impacts fall on operations at the two named sites , Lennox Head (Pat Morton Lookout) and 104 Fairfull Road, Numulgi. Local land access arrangements and site closures imposed by the Club (for safety reasons under s 7(5)-(6)) will directly affect when flying can take place. The instrument sets the Club’s obligations for closure if the Reserve Duty Officer or CFI must leave for reasons beyond their control.

Third parties and other pilots. Pilots who are not registered Club members are outside the instrument’s exemptions; they remain subject to the ordinary CASR, CAO and MOS requirements in the MBA. The instrument therefore creates a regime that applies only to Club members operating “relevant aircraft” from specified sites; it does not create a general exemption available to all pilots in the MBA (s 4(1), s 5(1)).

Who bears compliance costs. The Club bears the administrative and operational costs of appointing and qualifying Duty Officers, maintaining a Reserve, training and record keeping, adopting written procedures and messaging subscriptions, ensuring CFIs and instructors meet the instrument’s role restrictions, and notifying CASA and AA as required (s 7(1)-(12), s 4(2), Schedule 1). Individual members bear costs if they must equip their relevant aircraft with a serviceable UHF radio and maintain messaging service subscriptions to meet the s 6(d)-(e) conditions.

Primary duties created by the instrument. The instrument imposes duties on the Club, the Duty Officer (and Reserve), the CFI and instructors. The Club must ensure a Duty Officer is on duty for general flying and a Reserve Duty Officer so that the Reserve can take over if the Duty Officer must leave; if the Reserve also must leave for reasons beyond their control, the Club must close the relevant place for general flying (s 7(1), (5)). The Club must ensure the CFI is on duty when pilot instruction occurs (s 7(3)). It must maintain written procedures and rules to ensure compliance with the directions in s 7 and with the procedures in Schedule 1 (s 7(9)). The Club must use its best endeavours to prevent a relevant person flying a relevant aircraft at a relevant place without carrying and using a VHF radio, except where the instrument allows otherwise (s 7(10)). The Club must provide CASA with a copy of the letter of agreement before implementing Schedule 1 procedures and must immediately inform CASA in writing if any LoA is replaced, revised or withdrawn (s 7(11)-(12)).

Duty Officer and CFI duties. The Duty Officer must be authorised under the Regulations to use a VHF radio and be appointed by or on behalf of the Club to monitor the VHF radio for the relevant place and to communicate on VHF with the SFIS air traffic controller and on UHF to relevant persons flying at the relevant place (s 3, definition of Duty Officer). The Duty Officer must carry serviceable VHF and UHF radios, maintain a listening watch and follow the procedures in Schedule 1 when the exemptions under s 5 apply (s 7(8)). The Duty Officer must telephone the BN ATSC Supervisor before and after the day’s flying operations, provide specified information, and update the Club messaging service with prescribed messages (Schedule 1, parts A and B, clauses 1-3, 7). The CFI must be on duty during pilot instruction (s 7(3)) and, depending on site and circumstances, may double as the Duty Officer for general flying at Lennox Head (s 7(4)).

Personal qualifications and equipment. The Duty Officer must hold at least an Intermediate Pilot Certificate (HG) or a PG4 Pilot Certificate and meet specified flying‑experience thresholds (s 3, definition of Duty Officer). Relevant aircraft must be fitted with, or carry, a serviceable UHF radio for the exemptions to apply (s 3, definition of relevant aircraft; s 6(d)). The Duty Officer and the CFI must carry serviceable VHF and UHF radios for operations to which the exemptions apply (s 7(8)(a)). Relevant persons must have a current messaging service subscription (s 6(e)).

Rights granted by the instrument. The principal “right” created is an operational entitlement: while the instrument’s conditions are met, relevant persons are exempted from compliance with the listed CASR regulations, specified MOS provisions and the CAO 95.8 carriage requirement to the extent noted (s 5(1)). This statutory exemption allows the Club to operate under the instrument’s communications procedures rather than the default CASR/MOS carriage and communication requirements. There is also a narrow exemption for a person holding a SAFA radio operator endorsement who is performing the role of Duty Officer or CFI from regulation 91.625 of CASR when transmitting on a radio frequency for the purposes of Schedule 1 procedures (s 5(3)-(4)).

Conditional nature of duties and rights. Both the duties and the exemptions are conditional. The exemptions are expressly subject to the conditions in s 6 (s 5(2)). Those conditions include the altitude restriction (not above 400 feet AGL), compliance with the operations manual subject to s 8(1) and s 8(2), compliance with the Club’s procedures mentioned in s 7(9), carriage of serviceable UHF radio in the relevant aircraft, and a current messaging service subscription (s 6(a)-(e)). If the Club or its personnel do not meet these duties and conditions, the statutory exemption will not apply, and the ordinary CASR and MOS obligations will continue to govern operations.

Conflict with operations manual and SAFA authorisations. Where the instrument conflicts with SAFA’s operations or qualifications manuals, the instrument prevails to the extent of the inconsistency (s 8(1)(a)). In that event, holders of SAFA authorisations are exempt from compliance with regulation 149.410 of CASR to the extent necessary to allow the inconsistency (s 8(1)(b)). The Club is directed to apply the operations manual in a manner consistent with the instrument (s 8(2)), which creates an obligation to align internal procedures with the instrument’s requirements.

Specific limitations on instructor roles. Instructors may perform many CFI roles provided the CFI is present, but the instrument carves out core CFI responsibilities that instructors may not perform: the CFI presence duty when instruction is underway, the role of the CFI when doubling as Duty Officer for general flying, and any CFI functions that would normally be carried out in relation to pilot instruction regardless of the instrument (s 9). This defines the boundary of role substitution and preserves some responsibilities for the CFI.

The instrument itself does not specify civil or criminal penalties, nor does it create a new enforcement mechanism in express terms. It operates as an exercise of CASA’s delegated power to make directions and grant exemptions under the CASR subregulations identified in the instrument’s heading (instrument made under subregulations 11.160(1), 11.205(1) and 11.245(1)). The regulatory effect is to create temporary exemptions and impose directions. The logical enforcement implications are twofold, both arising from the way the instrument interacts with CASR and the obligations it creates.

Loss of exemption and return to default regulatory obligations. If the conditions in s 6 are not met, or the Club fails to observe the duties in s 7, the statutory exemptions in s 5 will not apply. That means the relevant person would be required to comply with the regulations and MOS provisions that the instrument disapplies only while its conditions are satisfied. Non‑compliance therefore exposes Club members to the ordinary regulatory regime that applies in the absence of an exemption (s 5(2), s 6).

CASA oversight and regulatory instruments. The instrument requires the Club to provide CASA with a copy of the letter of agreement before implementing Schedule 1 procedures and to notify CASA immediately in writing if the letter of agreement is replaced, revised or withdrawn (s 7(11)-(12)). This creates a reporting obligation the breach of which could engage CASA’s compliance and enforcement powers under the Civil Aviation Act 1988 and CASR generally. The instrument’s authority is derived from CASR, and enforcement of CASR obligations is within CASA’s statutory enforcement framework. The instrument itself does not set enforceable fines or penalties; those remain as provided in the underlying Act and Regulations.

Operational enforcement and safety consequences. The Schedule 1 procedures prescribe operational steps (telephone call to BN ATSC Supervisor, specified broadcast phrases on CTAF, messaging service updates, etc.). Failure to follow these steps would mean the Club is not complying with the instrument’s directions and conditions. Practically, that would deprive the Club and its members of the exemptions and may attract CASA attention for conduct in controlled airspace or MBAs that does not meet expected standards. The instrument also imposes closure duties if required personnel leave for reasons beyond their control (s 7(5)-(6)), so failure to close a site when required could be treated as operating outside the instrument’s authorisation.

No new criminal offences. The instrument does not create new criminal offences. Any enforcement action for activities contrary to the instrument’s requirement would proceed under existing CASA powers and applicable provisions of CASR and the Civil Aviation Act. The instrument’s silence on penalties means that enforcement would follow standard administrative and regulatory pathways rather than a bespoke penalty regime inside the instrument.

Temporal enforcement window. Because the instrument has a fixed repeal date (s 2(b)), any non‑compliance occurring after the instrument has been repealed cannot be excused by reference to this instrument; post‑repeal operations must comply with the prevailing CASR, MOS and CAO requirements. The instrument also notes (by way of a note) that directions in sections 7-9 cease to be in force at the end of 12 December 2026 for regulation 11.250 of CASR (s 2, note), reinforcing that the instrument’s directions are temporary.

Primary regulatory framework. The instrument is an instrument under CASR and explicitly interacts with multiple parts of the civil aviation regulatory framework. It grants exemptions from specific CASR regulations (for example, regulations 91.400 and 91.630 are listed in s 5(1)(a)), and modifies compliance expectations under specific MOS provisions and CAO 95.8 (s 5(1)(b)-(d)). Therefore, the instrument operates by temporarily suspending the application of particular regulatory and standards provisions for a narrowly defined set of operations, provided the conditions in the instrument are satisfied (s 5, s 6).

Interaction with Part 149 ASAO regime. The instrument presumes SAFA’s exposition (operations manual and qualifications manual) is part of the regulatory landscape for the Club (s 3 definitions). Section 8 explicitly addresses inconsistencies between the instrument and SAFA’s operations or qualifications manual: the instrument prevails to the extent of the inconsistency, and holders of SAFA authorisations are exempt from regulation 149.410 of CASR to the extent of that inconsistency (s 8(1)). The instrument therefore temporarily modifies how Part 149 obligations apply in the specific context of the Club and the two sites.

Airservices Australia and Aeronautical Information. The instrument references the Aeronautical Information Publication (AIP) and the Designated Airspace Handbook to identify the MBA boundaries and to define the “designated area” where the instrument applies (s 3, definition of “designated area”; note). It also requires a letter of agreement between AA and the Club that establishes complementary procedures and recording arrangements with AA and the BN ATSC Supervisor (s 4(2)). Thus, the instrument sits alongside AA’s operational responsibilities for SFIS and complements AA’s procedures through an LoA to ensure air traffic management and emergency contact processes are coherent.

Communications regulations. The instrument directly addresses radio carriage and use requirements, exempting certain persons from specified CASR regulation(s) and MOS requirements related to radio carriage in the circumstances set out (s 5). It does not abolish the requirement to communicate with SFIS; instead, it prescribes a real‑world operational architecture for communications that involves VHF contact with SFIS by the Duty Officer/CFI and UHF communications among Club pilots. For a qualified Duty Officer or CFI with a SAFA radio operator endorsement, the instrument grants an exemption from regulation 91.625 when transmitting for Schedule 1 purposes (s 5(3)-(4)).

Local land and governance regimes. The instrument identifies two physical locations: Lennox Head and Numulgi (s 3). It does not alter land ownership or local planning laws. Any closure of a site under the instrument (for safety reasons when specified personnel are absent, s 7(5)-(6)) will have practical impacts relating to use of the land, but changes to land use, access or local governance remain governed by ordinary property and municipal law, not by the instrument.

Priority and internal manuals. The instrument directly alters how internal SAFA/Club documentation is applied by requiring operations manuals to be applied consistently with the instrument and stating the instrument prevails to the extent of inconsistency (s 8). This creates a temporary legal hierarchy where the CASA instrument sits above SAFA’s exposition documents in the specific context described.

Interaction with SFIS and mandatory broadcast areas. The instrument is explicitly designed to operate inside an MBA where SFIS is provided remotely by a licensed air traffic controller (s 3 definitions). It channels communications through the SFIS mechanism (via the Duty Officer’s VHF contact on CTAF 124.2 MHz) and supplements that with UHF relays to pilots at the site , the instrument does not displace SFIS, but fits the Club’s local procedures into the SFIS framework via AA LoA and Schedule 1 procedures.

Instrument creation and effective period. The instrument is dated 18 December 2025, signed by Adrian Paul Slootjes, National Manager, Air Navigation, Airspace & Aerodromes, a delegate of CASA, and is titled CASA EX64/25 , Northern Rivers Hang Gliding and Paragliding Club Incorporated Broadcasting Instrument 2025. It commences the day after registration and is repealed at the end of 12 December 2026 (s 2). The instrument therefore has a defined one‑year life unless a subsequent instrument is made that amends, replaces or extends it.

No amendments recorded in the instrument text. The text, as provided, contains no schedules of amendments or later variations. It does not include any historical amendments, revocations, or transitional provisions beyond the commence/repeal dates. The instrument’s own provisions require notification to CASA if the letter of agreement with AA is replaced, revised or withdrawn (s 7(12)), but that is a reporting duty rather than an amendment of the CASA instrument itself.

Mechanism for future change. Because the instrument is made under CASR subregulations, any amendment, replacement, or extension would be effected by a further instrument made under the same delegated powers. The instrument itself indicates its limited temporal scope and creates obligations that the Club must meet while it is in force; it does not provide a built‑in amendment procedure by which the Club can self‑modify the CASA instrument. Any extension beyond 12 December 2026 therefore requires further action by CASA.

Related documents and dependency on AA LoA. The instrument conditions the Club’s use of the exemptions on the existence of a letter of agreement (LoA) between AA and the Club (s 4(2)). It notes that an LoA effective 5 September 2021 (LoA 3524) was in effect at commencement (s 4(2), note), but if the LoA is revised or withdrawn, the Club must notify CASA immediately in writing (s 7(12)). Changes to the LoA (AA internal document) will therefore affect the operational viability of the instrument’s procedures, and such LoA changes may in practice prompt an amendment to the CASA instrument or lead to its conditions becoming inoperable.

Implications of precedence clause. Section 8 creates a temporary legal precedence over SAFA’s exposition documents to the extent of any inconsistency. That clause effectively permits CASA to override parts of SAFA’s documented procedures for the period the instrument is in force. Any subsequent amendment to SAFA’s exposition, or to the instrument, would require careful alignment to avoid unintended inconsistencies.

Record retention and notification. The instrument requires the Club to provide CASA with a copy of the letter of agreement before implementing Schedule 1 procedures (s 7(11)). This is a contemporaneous administrative step rather than an amendment mechanism. But it links the instrument’s operational regime to another document (the LoA), creating a single point where changes in the LoA may require action by the Club and communication to CASA.

No litigation recorded in the instrument. The instrument itself does not list any cases, judicial decisions or tribunal determinations. It is an administrative instrument; the text does not refer to any litigation either about the Club or about similar instruments. The instrument therefore contains no internal litigation history or references to contested decisions.

Implications for legal challenge. The instrument could theoretically be subject to judicial review or other legal challenge like any administrative decision, but the instrument text contains nothing indicating any past or pending litigation. Any legal challenge arising from how CASA exercised its delegated powers to make this instrument, or from the Club’s reliance upon the instrument, would not be signalled by the instrument text itself. Readers should not infer the absence of litigation from absence of mention in the instrument; it simply records no litigation history.

Practical evidentiary posture. In the event of a dispute concerning whether the exemptions applied on a given day, the operative document is this instrument together with the Club’s written procedures, SAFA exposition materials as adopted by the Club, and the relevant AA letter of agreement, each of which the instrument references (s 3 definitions; s 4(2); s 7(9), (11)). Any litigation would likely focus on whether conditions in s 6 and directions in s 7 and Schedule 1 were complied with on the facts, because compliance controls whether the exemptions applied. The instrument requires the Club to supply CASA with the LoA before implementing procedures (s 7(11)), which will create a contemporaneous documentary trail that bears on whether the conditions for the exemptions existed.

No judicial interpretation precedent. Because the instrument is self‑contained and short‑lived, interpretation questions that arise will depend on standard statutory construction principles and on the particular facts of any alleged non‑compliance. The instrument contains specific definitions and detailed procedural steps designed to reduce ambiguity , for example, prescribed broadcast phrases and required messaging entries in Schedule 1 , which reduces but does not eliminate potential interpretive disputes. There are no prior judicial decisions cited in the instrument that might assist in construing its provisions.

Exemptions are conditional, not absolute. The instrument grants targeted exemptions (s 5) but expressly makes them subject to the conditions in s 6. A practical error is to assume the listed CASR and MOS obligations are wholly removed; they are only displaced while the instrument’s conditions (e.g. aircraft fitted with a serviceable UHF radio, maximum 400 feet AGL, compliance with Club procedures and operations manual as modified by s 8) are satisfied. Operating above 400 feet AGL or without the required UHF radio voids the exemption and reimposes the default regulatory obligations (s 6(a), (d)).

Letter of agreement linkage. The exemptions apply only if a LoA between AA and the Club is in effect and includes certain procedural commitments (s 4(2)). The instrument notes an LoA (LoA 3524) existed at commencement, but this is not an internal, permanent instrument. If the LoA is replaced, revised or withdrawn, the Club must inform CASA immediately in writing (s 7(12)). Failure to ensure an LoA is current or to notify CASA promptly can undermine the Club’s entitlement to operate under the instrument.

Who counts as a “relevant person” and “relevant aircraft”. The exemptions apply only to “relevant persons” (registered Club members) flying “relevant aircraft” (those fitted with or carrying a serviceable UHF radio) from the two named sites (s 3 definitions; s 4(1)). A common practical mistake is to assume visiting or guest pilots qualify; they do not unless they are officially registered in writing as a current member by an appropriate registration official of the Club (s 3, definition of “registered member of the Club”).

Duty Officer qualifications and continuity obligations. The Duty Officer role has precise qualification and appointment requirements: VHF authorisation, specific pilot certificates and hours thresholds, meeting the Club’s Safety Officer appointment requirements or CASA‑approved revisions (s 3, definition of Duty Officer). The Reserve Duty Officer must be available for any absence beyond the Duty Officer’s control; if both must leave, the Club must close the site for general flying (s 7(1), (5)). Failure to maintain continuity (for example, sending pilots aloft when the Reserve is not present or when the Duty Officer leaves) breaches the instrument and nullifies the exemptions.

CFI present for instruction; limited instructor substitution. The CFI must be on duty for pilot instruction (s 7(3)). While instructors may perform many CFI roles when the CFI is present, they may not perform the core CFI duties specified in s 9, including the presence requirement for instruction. A mistaken delegation of the CFI role when the CFI is not present will breach the instrument.

Battery, radio and messaging service as small details with large consequences. The instrument requires the Duty Officer or CFI to ensure any mobile phone used to contact the BN ATSC Supervisor has a charged battery for the duration of flying operations (s 7(7)). Duty Officer and CFI must carry serviceable VHF and UHF radios and relevant persons must have a current subscription to the Club’s messaging service (s 7(8); s 6(d)-(e)). These operational minutiae can be decisive: a dead phone battery or missing UHF radio means the conditions for exemption are not met.

Altitude cap and site limitations. Flights under the exemptions must not exceed 400 feet above ground level (s 6(a)). The instrument applies to Lennox Head for general flying and Numulgi for instruction only (s 3, definitions; s 4(1)). Misapplying the instrument to other nearby sites or exceeding the altitude limit removes the regulatory protection the instrument intends to supply.

Operations manual inconsistency trap. Section 8 gives the instrument precedence over the SAFA operations and qualifications manuals to the extent of any inconsistency and exempts SAFA authorisation holders from reg 149.410 to that extent (s 8(1)). However, the Club must also apply the operations manual consistently with this instrument (s 8(2)). The “gotcha” is failing to record and justify changes in the operations manual to reflect the instrument, or failing to secure CASA approval for revised Safety Officer requirements if they differ from those in force on 1 July 2025 (s 3, Duty Officer definition, s 8(1)(b)).

Limited temporal scope. The instrument expires on 12 December 2026 (s 2). Any long‑term operational planning that assumes perpetual relief from the default rules will be flawed unless and until CASA issues a successor instrument. Clubs that invest in processes or training expecting an indefinite relief must note the expiry date.

Narrow exemption for radio operator endorsement. There is a narrow exemption for persons holding a SAFA radio operator endorsement performing the Duty Officer or CFI role from reg 91.625 when transmitting for Schedule 1 purposes (s 5(3)-(4)). That limited carve‑out applies only in the defined context; it is not a general licence to ignore other radio regulations.

Checklist and baseline steps. To operate under the instrument’s exemptions, the Club and its members must satisfy a sequence of preconditions and ongoing duties. At a minimum, they should secure and retain a current letter of agreement between AA and the Club that meets the requirements of s 4(2); provide CASA a copy of the LoA before implementing Schedule 1 procedures (s 7(11)); and ensure each relevant aircraft is fitted with or carrying a serviceable UHF radio (s 6(d); s 3, definition of relevant aircraft). The Club should ensure all relevant persons are properly registered in writing as current members (s 3, definition of registered member).

Appointment and qualification of Duty Officer and Reserve. Appoint Duty Officers and Reserve Duty Officers who meet the instrument’s criteria (s 3, definition of Duty Officer). That means VHF authorisation under the Regulations, the required pilot certificate (Intermediate Pilot Certificate (HG) or PG4) and the flight‑hour requirements (80 hours for the type supervised, or 50 hours plus previous flying experience at the site), and meeting the Club’s Safety Officer appointment requirements in force on 1 July 2025 or CASA‑approved revised Safety Officer requirements (s 3(c)-(d)). Maintain written appointment records and evidence of qualifications and hours as documentary proof in case CASA or AA queries compliance.

CFI and instructor arrangements. Ensure the CFI is on duty whenever pilot instruction occurs at the relevant place (s 7(3)). If instructors are to conduct instruction, ensure they are at least 18 years of age, hold the current Instructor Certificate issued by SAFA valid for the relevant level and aircraft, and conduct instruction only under CFI supervision as the instrument requires (s 3, definition of instructor; s 9). Do not allow instructors to perform the excluded CFI roles defined in s 9 when the CFI is absent.

Communications and equipment. Require all relevant aircraft to carry a serviceable UHF radio; require Duty Officers and CFIs to carry serviceable VHF and UHF radios and to maintain a listening watch while operations are underway (s 6(d); s 7(8)(a)-(b)). Ensure Duty Officers have SAFA radio operator endorsements if intending to rely on the narrow exemption from reg 91.625 when transmitting for Schedule 1 purposes (s 5(3)-(4)). Maintain phone availability and ensure any phone used to contact the BN ATSC Supervisor is charged for the duration of operations (s 7(7)).

Messaging service and record keeping. Ensure every relevant person has a current subscription to the Club’s messaging service and maintain logs of messaging entries. The Schedule requires specific messaging entries when operations commence, when changeovers occur, and when operations conclude; those messaging entries form part of satisfying the instrument’s procedural conditions (s 3 definition of messaging service; Schedule 1, clauses 2, 5, 7, 10, 12). Keep copies of messaging history, telephone call records with the BN ATSC Supervisor, and any other contemporaneous evidence of compliance.

Procedural compliance: telephone calls and prescribed phraseology. Follow Schedule 1 precisely. Before general flying or pilot instruction begins, the Duty Officer (Lennox Head) or CFI (Numulgi) must telephone the BN ATSC Supervisor, giving their name, VHF callsign and telephone contact number and stating the prescribed phrase (“Northern Rivers commencing flying operations at Lennox Head” or “...at Numulgi”) (Schedule 1, part A, clause 1). Update the messaging service accordingly (clause 2). Monitor CTAF 124.2 MHz during operations and relay appropriate flight and safety information on UHF to relevant persons; respond to emergency or NOTAMs on VHF as required (clause 3). At the end of operations, telephone the BN ATSC Supervisor and update the messaging service with the prescribed concluding message (clause 7).

Outside SFIS published hours. If operations commence outside the published hours of SFIS operation, broadcast on CTAF the specified phraseology including the callsign format with XXXX for last four digits of SAFA number (Schedule 1, part B, clause 9). After broadcast, update the messaging service as required (clause 10). If operations conclude after SFIS hours, use the prescribed concluding broadcast and messaging update (clause 11-12). If a VHF reply occurs just before SFIS hours start, provide telephone contact details to the SFIS air traffic controller; if there is no reply, follow Part A telephone/messaging steps (clause 13).

Site closure and emergency contingencies. Implement the closure rules: if the Reserve Duty Officer acting as Duty Officer must leave for reasons beyond control, close the site for general flying (s 7(5)); if the CFI must leave during instruction, immediately cease pilot instruction and close the site for instruction (s 7(6)). Maintain procedures to ensure rapid handovers and have contingency plans for communications failures (Schedule 1, clause 4-6). Capture procedures for emergencies and NOTAM response in the Club’s written procedures.

Operations manual alignment. Review the SAFA operations manual and qualifications manual as adopted by the Club and apply them in a manner consistent with this instrument (s 8(2)). Where the instrument is inconsistent, the instrument prevails to the extent of the inconsistency and SAFA authorisation holders are exempt from reg 149.410 to accomplish the inconsistency (s 8(1)). However, document the point of inconsistency and maintain evidence that the Club applied the operations manual in a manner consistent with the instrument; keep records of any CASA approvals for revised Safety Officer appointment requirements if the Club intends to change those requirements (s 3, s 8(1)(b)).

Notification and administrative steps. Before implementing Schedule 1 procedures, provide CASA with a copy of the LoA (s 7(11)). Notify CASA immediately in writing if the LoA is replaced, revised or withdrawn (s 7(12)). Keep a copy of the instrument and ensure all Club governance documents reference the instrument’s expiry date so that operational practice reverts to default CASR and MOS obligations when the instrument lapses on 12 December 2026 (s 2).

Record and retain evidence. Keep appointment letters and records for Duty Officers, Reserve Duty Officers, CFIs and instructors evidencing qualifications, hours flown, and meeting the Club’s Safety Officer requirements as in force on 1 July 2025 or CASA‑approved alternatives (s 3). Retain telephone logs, messaging service history, radio logs and any BN ATSC Supervisor acknowledgements. These records will be essential to demonstrate that the conditions for the exemptions were in place on any given date.

Summary of critical compliance risks. The highest‑risk compliance failures are operating without a valid LoA; flights above 400 feet AGL under the instrument; operating without a serviceable UHF radio in the aircraft; Duty Officer/CFI absence while instruction or general flying is underway without appropriate Reserve; and failure to notify CASA of LoA changes. Address these with routine checks, appointment auditing, pre‑flight and daily operational checklists, and clear written procedures that follow Schedule 1 step for step.