Civil Aviation Order 95.8 (Exemptions from CAR and CASR — Hang Gliders and Paragliders) Instrument 2024

The Order organises its regulatory architecture around several core concepts. These are defined in s 5 and then used throughout.

Relevant aircraft and persons

• “Relevant aircraft” are the four listed categories in s 4: hang gliders, powered hang gliders, paragliders and powered paragliders. The Order applies only to those when “employed in private operations” (s 4).
• “Relevant sport aviation body” is the sport body whose approved functions include administering the aircraft, person or activity. The sport body becomes the primary regulator for training, technical, design and maintenance standards through its approved manuals (s 5 definitions, s 9.1(b)).

Delegated regulation through approved manuals

• Two manual concepts are central: the “operations manual” and “technical manual” of a relevant sport aviation body. Both must be approved by CASA (defined in s 5). The operations manual contains practices, procedures and instructions for operational safety; the technical manual contains airworthiness, design and maintenance standards and test procedures (s 5).
• Pilot certification, instructor authorisations, privileges and limitations are to be issued and defined by sport aviation bodies, in accordance with their operations manuals (s 9.2 and definitions in s 5).

Exemption architecture

• The Order creates bespoke exemptions from a set of CAR and CASR provisions (s 8.1-8.2). It also provides a targeted exemption from regulation 91.190’s prohibition on dropping things, but only for tow/launch equipment and subject to compliance conditions (s 8.3-8.4).
• Parallel retention: s 7 makes clear the instrument does not create carte blanche removal of all CASR obligations. It expressly preserves a list of Parts that continue to apply (Parts 1, 11, 13, 39, 61, 67, 91, 92, 99 and 149 are not disapplied for the purposes of s 7).

Operational constraints and limits

• The Order sets substantive operational constraints (Pt 10). Key elements include VMC/VFR and daylight limitations (10.1(a)-(b)), restrictions on aerobatics over populous areas and requirements for harnessing and securing loose articles when aerobatics occur (10.1(c)-(d)), height and equipment thresholds for oxygen and pressure altitude instruments (10.1(f)-(g)), and clear rules for operations over water with different requirements for powered and unpowered aircraft (10.1(h)-(i)).
• Airspace limitations are central: permitted airspace classes are listed (10.1(k)), with a separate detailed regime for operating in Class C or D airspace or restricted areas that requires a Part 61 pilot licence with an aircraft category rating and a valid flight review, plus two‑way radiocomms equipment (10.2).

Authorisations and approvals

• The Order authorises persons to perform essential duties without a civil aviation authorisation in certain circumstances (s 6.1), and enables CASA to approve deviations from the Order’s specified conditions following an application at least 28 days prior (s 11). Approvals must specify conditions and the specific condition to be disapplied, and it is an offence to contravene the approval (s 11.1-11.4).

Enforcement touchpoints

• Authorised persons retain powers to request evidence and access to verify weight requirements and other compliance (9.1(c)). The instrument also incorporates criminal prohibitions in CASR indirectly by limiting exemptions to the conditions it prescribes (for example s 8.3’s carve out for dropped objects).

Temporal and transitional features

• The instrument is explicitly time‑limited: it commences 2 December 2024 and lapses end of 1 December 2027 (ss 2-3). Existing certificates, approvals and authorisations given under earlier versions of CAO 95.8 continue as if issued under this Order, subject to the same terms and conditions (s 12).

Definitions and references

• Several defined terms anchor cross‑references to other instruments. For example, “automatic ELT” and “survival ELT” take their meanings from the Part 91 MOS (s 5). The note in s 10.1 about CASA’s instrument under regulation 5 of the Airspace Regulations 2007 signals reliance on external instrument designations of airspace classes.

Taken together, these concepts create a two‑tiered regulatory model for these aircraft: baseline legal obligations under the Act and retained CASR/CAR provisions, and a delegated body of operational and technical regulation exercised by approved sport aviation bodies, bounded by the Order’s enumerated conditions and CASA’s residual approval powers.

The instrument distributes regulatory rights and obligations across a small set of actors. The primary affected parties are:

Pilots and trainee pilots of relevant aircraft

• A person must not act as pilot in command unless they hold a pilot certificate issued by a relevant sport aviation body in accordance with the sport body’s operations manual, or they are receiving flight training under an authorised instructor as specified (s 9.1(a)). The pilot certificate is not a CASA Part 61 licence by default; it is issued by a sport aviation body subject to its operations manual (s 9.2(a)). However, where operation in Class C or D airspace or a restricted area is sought, that person must hold a Part 61 pilot licence with an aircraft category rating and a valid flight review (s 10.2(a)).

Sport aviation bodies

• Sport aviation bodies are the operational and technical regulators for the relevant aircraft during the instrument’s life. They issue pilot certificates and flying instructor authorisations, define privileges and limitations in operations manuals, and maintain technical manuals that set airworthiness, design and maintenance standards (s 5 definitions, s 9.1(b), s 9.2). They have the power to suspend or cancel a pilot certificate (s 9.2(c)). CASA must approve those manuals (s 5 definitions).

Owners and operators

• Owners and operators must operate and maintain relevant aircraft in accordance with the sport aviation body’s rules and must furnish evidence relating to weight requirements and allow access to the aircraft on reasonable request by an authorised person (s 9.1(b),(c)). They are expressly prohibited from using relevant aircraft for carriage of passengers or cargo for hire or reward (s 9.1(d)).

CASA

• CASA retains residual decisionmaking power. CASA makes the Order by delegated instrument powers (face of instrument), approves sport aviation body manuals (s 5 definitions), may grant approvals to fly otherwise than in conformance with conditions if an application is made at least 28 days prior (s 11), and determines classes of airspace by instrument under the Airspace Regulations (note to 10.1). CASA also can authorise departures from certain conditions under s 11 or approvals under subsection 11 referred to at notes to ss 9 and 10.

Authorised persons and enforcement officers

• The Order gives authorised persons a statutory role in verifying compliance. Owners or operators must furnish evidence and give access to authorised persons on reasonable request to determine aircraft weight compliance (s 9.1(c)). The instrument also requires compliance with CASA approvals and makes contravention of those approvals an offence (s 11.4).

Third parties with site or control authority

• Military authorities retain a role where Military Control Zones or military aerodromes are involved. The instrument forbids flight within Military Control Zones without prior approval of the appropriate military authority and requires a 5 nautical mile exclusion around military aerodromes (ss 10.5-10.6). Operators must also observe populous area rules and secure landing clearances (10.1(j)).

Manufacturers and maintainers

• Although the instrument exempts certain CASR airworthiness provisions, the technical manual requirement (s 5 definition) imposes obligations on the relevant sport aviation body to have approved airworthiness, design and maintenance standards. Persons performing maintenance or design roles will therefore be affected through the sport body’s technical manual, which is approved by CASA.

Passengers and the public

• The Order limits passenger carriage to one passenger in two‑place aircraft and prohibits hire or reward carriage (s 9.1(d), 10.7). It also places height and populous area restrictions intended to manage overflight risks (10.1(j)). Members of the public may therefore be affected indirectly by those operational constraints.

Commercial airspace users and air traffic control

• The airspace and communication constraints (10.1(k)-10.3, 10.4) set out when and how relevant aircraft may mix with other air traffic. The requirement for two‑way radiocomms and a Part 61 licence for operations in certain controlled airspace (10.2) creates a specific intersection with the broader regulatory environment affecting ATC and other airspace users.

Regulatory advisers and legal practitioners

• The Order changes the compliance landscape for these aircraft for the period of the instrument. Lawyers, compliance officers and advisers to sport aviation bodies, operators and pilots must interpret the sport body manuals approved by CASA against the baseline exemptions and retained obligations stated in the Order.

Who bears direct regulatory costs

• The instrument places primary compliance duties on sport aviation bodies (in producing and maintaining CASA‑approved manuals), owners/operators (maintenance and provision of evidence), and pilots (holding sport body certificates and adhering to operational constraints). CASA bears administrative costs of approvals and oversight, including reviewing manuals and considering applications made under s 11.

In sum, the instrument shifts primary regulatory responsibility for operational detail onto sport aviation bodies and the parties they authorise, while CASA retains approval and exception powers and external agencies retain specific spatial control (military authorities). The practical effect is to change who decides and who must show compliance in routine operations of these aircraft categories.

The Order establishes discrete duties, permissions and regulatory rights. They are primarily found in sections 6-11, supported by definitions in s 5.

Duties on pilots and instructors

• A person must not act as pilot in command of a relevant aircraft unless they hold a pilot certificate issued by a relevant sport aviation body in accordance with the body’s operations manual, or they are receiving training from a holder of a flying instructor authorisation issued by that sport aviation body, with the instruction within the instructor authorisation’s privileges and limitations (s 9.1(a)). A “flying instructor authorisation” is defined in s 5 and must be issued by the relevant sport aviation body in accordance with its operations manual.

Duties on sport aviation bodies

• Sport aviation bodies must ensure that pilot certificates are not issued unless the person has completed training and assessment in all units of competency and competency standards specified in the body’s operations manual (s 9.2(a)). Holders of pilot certificates are subject to privileges and limitations and must comply with requirements as specified in the body’s manual (s 9.2(b)). Sport aviation bodies may suspend, cancel or vary a pilot certificate (s 9.2(c)). Sport bodies must also maintain and have CASA approve operations and technical manuals (s 5 definitions).

Operational and maintenance duties on owners and operators

• A relevant aircraft must be operated and maintained in accordance with the rules, regulations and directions made by the relevant sport aviation body and specified in that sport body’s operations manual, technical manual and associated directives (s 9.1(b)). Owners or operators must, on reasonable request by an authorised person, furnish evidence that the aircraft meets the weight requirements of the Order and give reasonable access to the aircraft to determine compliance with weight requirements (s 9.1(c)).

Flight condition duties and permissions

• Flights are permitted only in visual meteorological conditions and in accordance with VFR (10.1(a)), and only during daylight hours (10.1(b)). Aerobatic manoeuvres are forbidden over populous areas and allowed elsewhere only when loose articles are secured and each person is secured with a correctly adjusted safety harness (10.1(c)-(d)). Cargo must be securely restrained (10.1(e)). Flight above FL125 requires supplemental oxygen approved by CASA or the sport body (10.1(f)). Flight above 300 feet AGL requires serviceable pressure altitude equipment meeting specified accuracy and display requirements (10.1(g)). Water operations have distinct requirements for unpowered and powered aircraft, including rescue craft or life jackets and ELT or radiocomms for powered craft for longer distances (10.1(h)-(i)). Altitude and radiocomms thresholds in s 10.3 and 10.4 specify when radiocomms are required.

Airspace and air traffic duties

• Generally, relevant aircraft may only be flown in Class E or G airspace, or in limited Class C or D airspace under specified conditions, or in Class C or D airspace or a restricted area if the pilot holds a Part 61 pilot licence with an aircraft category rating and a valid flight review and the aircraft has radiocomms for two‑way ATC communication (10.1(k), 10.2). A relevant aircraft must not be flown within 5 nautical miles of a military aerodrome and must not fly within a Military Control Zone unless prior military approval is obtained (10.5-10.6).

Authorisation rights and exceptions

• Section 6 gives a conditional authorisation allowing persons performing duties essential to operation during flight time to do so without a civil aviation authorisation required by paragraph 20AB(1)(a) of the Act, subject to the Order’s conditions (s 6.1). CASA may grant approvals to permit flights otherwise not complying with subsections 9 or 10 on application at least 28 days before the proposed flight; approvals must specify the condition to be disapplied and any conditions attached, and it is an offence to contravene an approval (s 11.1-11.4).

Rights of authorised persons

• Authorised persons have the right to request and obtain evidence relating to aircraft weight and to access the aircraft to verify compliance (s 9.1(c)). The instrument does not itself set a comprehensive inspection regime, but this provision creates an express compliance check point.

Limits on commercial use and carriage

• The Order prohibits use of relevant aircraft for carriage of passengers or cargo for hire or reward (s 9.1(d)), and caps carriage by aircraft type to pilot only in single‑place aircraft and pilot plus one passenger in two‑place aircraft (s 10.7).

Interaction with criminal prohibitions in CASR/CAR

• The Order provides a narrow exemption from regulation 91.190 (the offence of dropping things from an aircraft) for specified towing and launching equipment, conditional on compliance with Order conditions (s 8.3-8.4). Where exemptions apply, obligations under the exempted provisions (listed in s 8.2) do not bind persons who comply with this Order. Conversely, the Order preserves many core CASR/CAR provisions that continue to bind operators and pilots in circumstances set out in s 7.

Transitional and continuity duties

• Certificates, approvals or authorisations issued under the repealed Order that were current immediately before commencement continue as if issued under this Order and subject to the same terms and conditions (s 12.1-12.2). This preserves continuity for persons relying on earlier authorisations.

In short, the Order assigns rights to operate by reference to sport aviation body certificates and manuals while imposing operational duties directly on pilots, owners and operators and preserving CASA’s approval and oversight powers. The instrument creates a layered compliance structure in which sport aviation bodies make many day‑to‑day determinations, CASA retains certain hard limits and approvals, and authorised persons have limited evidentiary and access powers.

The instrument itself is primarily an enabling and conditioning instrument. It does not create a standalone new criminal penalty schedule, but it interacts with existing statutory offences and enforcement regimes under the Civil Aviation Act 1988, and the Civil Aviation Safety Regulations 1998 and the Civil Aviation Regulations 1988 by way of exemption and limitation.

Direct enforcement provisions in the Order

• The clearest express enforcement clause is s 11.4, which provides that a person must not contravene an approval granted under s 11, or any condition of such an approval. While the Order does not itself specify the penalty for contravening an approval, the provision creates a statutory prohibition and cross references to enforcement mechanisms under the Act and CASR would be engaged where relevant. The instrument also creates duties to comply with its conditions as a prerequisite to relying on the exemptions in s 8.1.

Interaction with existing offences

• The Order expressly limits the application of certain CASR and CAR provisions to those persons who comply with the Order’s conditions (s 8.1). Conversely, it leaves intact many other statutory obligations. For example, s 7 states that the effect of the provision is to exempt relevant aircraft from CASR for the purposes of regulation 200.020 (and thereby for paragraph 20AA(3)(b) of the Act) so they may fly without a certificate of airworthiness. But s 7 also states several CASR Parts are not disapplied. Instrument users must therefore determine which criminal or regulatory sanctions remain available under the parts of CASR and CAR that continue to apply, such as Parts 61, 67 and 91 which are retained (s 7).

Authorised person powers and compliance checks

• s 9.1(c) gives authorised persons the power to request evidence that the aircraft meets the weight requirements of the Order and to obtain reasonable access to the aircraft. The instrument does not set out penalties for failure to furnish such evidence in s 9.1(c), but failure to comply with inspection or access requirements may engage sanctions in the Act or associated regulations that authorise enforcement action against non‑compliance with regulatory obligations.

CASA approval enforcement

• CASA retains the authority to approve flights that would otherwise contravene the Order’s conditions (s 11). The requirement that applications be made at least 28 days prior (s 11.2(b)) creates a procedural hurdle; contravening an approval is explicitly forbidden (s 11.4). CASA’s decisionmaking on approvals will therefore determine whether otherwise proscribed conduct is permissible; where it is not approved, ordinary enforcement mechanisms would apply to contraventions.

Criminal offence carve outs and conditional exemptions

• s 8.3 provides a limited exemption from the offence in regulation 91.190 of CASR where tow ropes or launch cables are dropped, but conditions in the Order apply (s 8.4). This shows the Order does not eliminate the underlying offences in CASR; it creates tightly framed exceptions that must be matched against operational facts to determine whether a statutory offence has been committed.

Procedural and administrative remedies

• The instrument contains transitional provisions preserving existing certificates, approvals and authorisations (s 12). It does not itself set out review or merits review rights against CASA decisions. The Order is a statutory instrument made under delegated powers from CASA; decisions by CASA under the Act or Regulations are likely to be subject to the usual legal avenues for challenge under administrative law. The instrument does not specify those avenues.

Practical enforcement implications

• The enforcement model created by the Order is a mix of delegated compliance and conditional exemptions. Primary on‑the‑ground verification mechanisms are the sport aviation bodies’ approved manuals and the authorised person’s inspection powers (s 9.1(b),(c)). CASA remains responsible for approvals and for setting the boundary of the exemptions by approving manuals and determining when to grant bespoke approvals (s 5, s 11). The Order therefore relies on a combination of self‑regulation by sport bodies and targeted CASA oversight, with statutory prohibition backstops that continue to operate under the underlying Act and regulations where the Order does not supply an exemption.

For practitioners advising affected parties, the key enforcement questions will be which CASR/CAR provisions are disapplied in a given fact pattern, whether the sport aviation body’s manual addresses the relevant safety or maintenance standard approved by CASA, whether an authorisation or approval has been obtained where required, and whether authorised persons have been denied access or evidence where they have a right to those things under s 9.1(c).

The Order is a regulatory carve‑out operating within the Civil Aviation legal framework. Its text explicitly cross‑references and interacts with the Civil Aviation Act 1988, the Civil Aviation Regulations 1988, the Civil Aviation Safety Regulations 1998, and the Part 91 Manual of Standards. The instrument alters the application of those instruments in defined ways while leaving key parts intact.

Relationship to the Civil Aviation Act 1988

• The Order is made under regulations 11.160 and 11.205 of CASR and subregulations 5(1) and (1A) of CAR, and it invokes the Act’s mechanisms for allowing certain duties to be performed without civil aviation authorisations. Section 6.1 explicitly cites paragraph 20AB(1)(b) of the Act as the purpose for authorising persons to perform duties essential to the operation of relevant aircraft during flight time without a civil aviation authorisation otherwise required by paragraph 20AB(1)(a) of the Act. Section 7 links to paragraph 20AA(3)(b) of the Act in explaining the effect of flying without a certificate of airworthiness for the Act’s purposes.

Interaction with CASR and CAR

• The Order exempts persons from particular provisions of CAR and CASR only where the person complies with this Order’s conditions (s 8.1-8.2). The list of exempted provisions (s 8.2) includes Parts 4-4D of CAR and specified Parts and subparts of CASR (for example, Parts 13, 21, 33, 35, 47 and 103). Conversely, s 7 declares that, for the purposes of CASR regulation 200.020 and the Act, relevant aircraft are exempt from CASR except for a list of Parts that remain applicable: Parts 1, 11, 13, 39, 61, 67, 91, 92, 99 and 149. This creates a layered, selective disapplication: certain airworthiness and certification processes are displaced, but fundamental operational and licensing regimes (Parts 61, 67 and 91) remain.

Manuals and MOS interdependence

• The definitions in s 5 import meanings and standards from other instruments. “Automatic ELT” and “survival ELT” are given the meaning provided in the Part 91 Manual of Standards (MOS), sections 26.50 and 26.51. The Order requires that operations and technical manuals of sport aviation bodies be “approved from time to time by CASA” (s 5 definitions). Thus, the Order functions by reference to sport body manuals that must themselves be approved by CASA and thereby validated against CASA/CASR standards.

Airspace and Airspace Regulations interaction

• The Order’s airspace classifications are dependent on CASA’s determinations under the Airspace Regulations 2007 (note to s 10.1). The Order permits flight only in certain classes of airspace (Class E and G, and limited Class C or D) subject to conditions (10.1(k)). For Class C and D airspace not meeting limited conditions, s 10.2 requires a Part 61 pilot licence and radiocomms equipment, directly invoking CASR licensing obligations.

Military and restricted areas

• The instrument defers to military authorities for Military Control Zones and for flight near military aerodromes (10.5-10.6). Those references maintain the primacy of other statutory schemes that control access to military airspace.

Overlap with CASR offences

• The Order does not extinguish CASR offences unless an express exemption applies. For instance, regulation 91.190’s offence for dropping things from an aircraft is only partially exempted where the object is a tow rope or launch cable and subject to compliance with the Order conditions (s 8.3-8.4). That indicates continuing operation of CASR offences except where specifically displaced.

Transitional continuity with previous CAO instruments

• Section 12 preserves certificates, approvals or authorisations given under the repealed Order by a sport aviation body or CASA as continuing under this Order (s 12.1-12.2), creating continuity with former CAO 95.8 instruments referenced in s 12.3-12.4. This ensures that persons who relied on earlier CAO 95.8 instruments will find their documents remain operative, but now under the 2024 instrument’s rubric.

Effect on licensing regimes

• There is a potential tension to note and manage: the Order makes sport aviation body pilot certificates the default requirement for acting as PIC (s 9.1(a), s 9.2), but s 10.2 requires a Part 61 pilot licence with an aircraft category rating and a valid flight review where operating in Class C or D airspace beyond limited conditions. Practitioners and operators must therefore manage dual compliance with sport body certification for general operations and CASA Part 61 licensing obligations where controlled airspace operations are contemplated.

Net effect

• Practically, the Order creates a partial devolution of regulatory functions from CASA and CASR/CAR to sport aviation bodies for the listed aircraft, while preserving CASA’s residual regulatory control through approval of manuals and approvals under s 11. The Order works within, and by reference to, existing aviation law, modifying the application of particular statutory provisions for a specific class of operations for a defined period.

The instrument itself contains a limited, explicit amendment and preserves continuity with prior CAO instruments. It is a discrete revision rather than a lengthy series of amendments.

Creation and signing

• The instrument was made by Steven James Campbell, Executive Manager, National Operations & Standards, a delegate of CASA, and signed on 28 November 2024. It commences on 2 December 2024 and is repealed at the end of 1 December 2027 (face of instrument and ss 2-3).

Repeal and temporal scope

• The Order has an express sunset: it is repealed at the end of 1 December 2027 (s 3). That establishes a three‑year effective period, unless varied or superseded by a later instrument before repeal.

Continuity with earlier Civil Aviation Orders

• Section 12 contains transitional provisions that preserve certificates, approvals or authorisations issued under the “repealed Order” as continuing under this Order from commencement, subject to the same terms and conditions (s 12.1-12.2). Section 12.4 defines “repealed Order” by reference to two earlier instruments: Civil Aviation Order 95.8 Instrument 2011 (FRL F2015C00153) and Civil Aviation Order 95.8 (Exemptions from CAR and CASR , Hang Gliders and Paragliders) Instrument 2021 (FRL F2021L01667) (s 12.4). Subsection 12.3 explicitly includes any certificates, approvals or authorisations continued under subsection 12 of the Commonwealth instrument numbered in 2021, thereby linking multiple prior instruments into the transitional continuity chain. This indicates the instrument is part of an iterative regulatory series updating CAO 95.8 over time.

Amendment to CASA EX60/22

• Section 13 and Schedule 1 make a narrow textual amendment to CASA EX60/22 , Hang Gliding and Paragliding Operations Within Active Restricted Airspace (Hooley Dooley) Exemption 2022. Specifically, Schedule 1 substitutes the definition of CAO 95.8 in section 3 of CASA EX60/22 to refer to the 2024 instrument (s 13.1, Schedule 1 item [1]). That is a consequential update to align the EX60/22 exemption instrument with the new CAO reference.

Replacement and authority

• The instrument is captioned as Civil Aviation Order 95.8 (Exemptions from CAR and CASR , Hang Gliders and Paragliders) Instrument 2024 and provides that a reference in a CASA instrument to section 95.8 of the Civil Aviation Orders is taken to be a reference to this instrument (s 1.3). That language effectually places the instrument into the CAO numbering scheme as the operative CAO 95.8.

No amendment history beyond instrument

• The instrument text does not record prior amendments to this 2024 instrument after signature nor any legislative or subordinate instrument amendments affecting it beyond the narrow amendment to EX60/22. Any later amendments, revocations or replacements would appear in subsequent instruments or registrar updates beyond the scope of this instrument.

Practical note for practitioners

• Because the instrument is time‑limited and expressly linked to earlier instruments, practitioners should monitor the instrument’s expiry date and be alert to successor instruments or regulatory reviews that may follow. The transitional provisions preserve prior authorisations, but the expiration of the instrument will remove the exemptions unless renewed or replaced.

The instrument contains no references to case law, judicial determinations or any litigation history. It is an administrative regulatory instrument made by CASA under delegated powers and does not, in its text, record or cite any court decisions.

What the instrument does reveal about potential legal disputes

• The Order engages a range of administrative and regulatory decision points that could give rise to disputes, although none are recorded in the instrument itself. Those decision points include CASA’s approval of sport aviation body operations and technical manuals (s 5 definitions), CASA’s exercise of its discretion to grant or refuse approvals to fly otherwise than in accordance with the Order’s conditions (s 11), and sport aviation bodies’ decisions to issue, suspend or cancel pilot certificates under their operations manuals (s 9.2(c)). Each of those administrative decisions sits in the landscape where judicial review or merits review rights may ordinarily be invoked under the relevant administrative law frameworks, though the Order does not specify review procedures or remedial pathways.

Administrative review and enforcement actions

• The instrument creates obligations and permits authorised persons to request evidence and access to aircraft (s 9.1(c)). Any enforcement action that follows from refusal or non‑cooperation may engage procedural fairness principles and potentially administrative or judicial review, but the instrument does not address those processes.

Absence of reported litigation

• Because this instrument text is standalone and contains no annex or note on litigation, it is accurate to state that the instrument itself contains no litigation history. Parties seeking precedential or interpretive guidance will therefore need to look to subsequent CASA decisions, sport aviation body determinations, or judicial and tribunal rulings that apply or interpret CAO 95.8 and related CASR/CAR provisions in real disputes.

For practitioners advising clients, the absence of recorded litigation in the instrument means there is no internal record in the text of how courts or tribunals have interpreted its terms. Any legal analysis of contentious points will therefore have to draw on broader administrative law principles, individual CASA decisions, or CASR/CAR case law in analogous contexts rather than on precedents citing this instrument specifically.

The Order contains several specific provisions and structural features that can produce traps if not attended to. The following points highlight operational and legal friction points that arise directly from the instrument text.

Sport body certificate versus Part 61 licence

• The Order makes sport aviation body pilot certificates the primary instrument for allowing a person to be pilot in command (s 9.1(a), s 9.2). However, operating in Class C or D airspace beyond the limited allowance requires a Part 61 pilot licence with an aircraft category rating and a valid flight review under CASR Part 61 (s 10.2(a)). Practically, pilots who rely solely on a sport body certificate may be lawfully barred from certain controlled airspace operations unless they hold a CASA Part 61 licence and flight review. Confirming the applicable licence for planned operations is essential.

HF radiocomms exception and HF transmissions

• Section 6.2 states that a person who makes an airborne radio transmission on an aeronautical HF frequency must be authorised to transmit using an aeronautical radio under Part 61 or Part 64 of CASR. The Order’s general authorisation to perform duties without civil aviation authorisation (s 6.1) therefore does not permit unauthorised HF transmissions. Operators relying on s 6.1 must ensure HF transmissions are authorised under CASR.

Weight evidence and access obligations

• Owners and operators must furnish evidence that the aircraft meets the Order’s weight requirements and provide reasonable access for authorised persons to determine compliance (s 9.1(c)). The instrument does not define the precise scope of “reasonable access” or the evidentiary standard for weight, leaving operational ambiguity that can become a compliance risk during inspections.

Water operations nuance

• The water operation rules distinguish between hang gliders/paragliders and powered variants. A hang glider or paraglider (unpowered) must not be flown over water beyond gliding distance from a suitable landing area unless the operator has a rescue water craft in the vicinity (10.1(h)). A powered hang glider/paraglider has different and more complex requirements: life jackets for occupants, serviceable radiocommunication equipment, and automatic or survival ELT when beyond gliding distance or beyond a horizontal distance of 25 nautical miles from a suitable landing area (10.1(i)). Confusion about whether a flight is within “gliding distance” or within 25 nautical miles could create compliance problems and potential safety risks.

Altitude, instrumentation and oxygen thresholds

• The Order sets equipment and physiological thresholds: supplemental oxygen is required at or above FL125 (10.1(f)), and flights above 300 feet AGL require a pressure altitude display meeting specified accuracy and display standards (10.1(g)). Operators must ensure the aircraft is fitted with equipment meeting those specific parameters where applicable. The instrument specifies accuracy to within 100 feet and a datum scale calibrated in millibars or hPa, which may not be satisfied by all common instruments.

Aerobatics and populous area definitions

• Aerobatics are forbidden over populous areas (10.1(c)) and broadly constrained elsewhere by harness and loose items provisions (10.1(d)). The instrument does not define “populous area” in situ; practitioners must cross‑reference other instruments or local definitions. During launching and landing phases, the Order relaxes the height limitation but still requires landing clear of the populous area (10.1(j)).

Exemption scope and retained CASR/CAR obligations

• The Order exempts certain CAR and CASR provisions (s 8.2), but s 7 declares many CASR Parts continue to apply. A mistaken assumption that the Order disapplies all CASR/CAR obligations would be an error. For example, Parts 61 and 91 remain applicable per s 7, so licensing, medical, and flight rules under those Parts may remain in force depending on the activity.

Approvals procedural timing

• CASA approvals disapplying conditions require applications at least 28 days before the proposed flight (s 11.2(b)). Last‑minute operational needs or events may therefore be incompatible with obtaining a lawful approval, creating legal and operational constraints for any planned deviation.

Transitional expectations and expiry risk

• The Order expires on 1 December 2027 (s 3). Certificates and approvals from prior instruments carry over (s 12), but the sunset means parties must monitor whether these exemptions are renewed, amended or replaced. Activities relying on the Order must have contingency planning for the moment of expiry.

Sport body disciplinary power

• Sport aviation bodies may suspend, cancel or vary a pilot certificate (s 9.2(c)). Because the Order relies on sport body certificates for legal piloting authority, a suspension or cancellation by the sport body removes a pilot’s legal ability to act as PIC under the Order. Operators must maintain awareness of sport body disciplinary proceedings and decisions.

ELT and MOS cross‑references

• Terms like “automatic ELT” and “survival ELT” refer to the Part 91 MOS (s 5). Operators must confirm the technical and performance standards in the MOS to be sure installed ELTs and their activation mechanisms meet the Order’s requirements.

Military exclusion zones

• Flights are prohibited within Military Control Zones without military approval and must not be flown within 5 nautical miles of a military aerodrome (10.5-10.6). Unintentional violation of these spatial prohibitions risks operational disruption; operators should map planned routes against military airspace designations.

Taken together, these “gotchas” emphasise that compliance under the Order depends on understanding both the Order’s conditions and the retained application of certain CASR and CAR requirements. Practical risk management requires careful mapping of intended operations against the instrument’s airspace, equipment, certification and procedural constraints.

Compliance under this Order is a layered exercise in aligning sport aviation body practices, operator actions and CASA approvals. The steps below follow directly from the Order’s operative provisions and definitions.

1. Confirm applicability

• Verify the aircraft is a relevant aircraft as defined in s 4: a hang glider, powered hang glider, paraglider or powered paraglider, and ensure the operation will be a private operation. The Order’s exemptions apply only to those aircraft and only when the operation is private (s 4).

2. Ensure sport aviation body manuals are current and CASA‑approved

• The Order conditions operation and maintenance on rules, regulations and directions in the relevant sport aviation body’s operations manual, technical manual and associated directives, all approved by CASA (s 5 definition of operations manual and technical manual, s 9.1(b)). Operators should obtain and keep on file the current versions of these manuals and CASAs’ approval records.

3. Obtain and maintain authorisations and pilot certificates per the sport aviation body

• Pilots acting as PIC must hold a pilot certificate issued by a relevant sport aviation body in accordance with its operations manual (s 9.1(a), s 9.2). Ensure training and unit‑of‑competency assessment required by the operations manual are completed prior to acting as PIC (s 9.2(a)). If receiving instruction, confirm the instructor holds a flying instructor authorisation and that the training is within its privileges (s 9.1(a)(ii)).

4. Manage sport aviation body disciplinary risk

• Because sport aviation bodies may suspend, cancel or vary certificates (s 9.2(c)), operators and pilots should establish internal compliance with the sport body’s operations manual to avoid disciplinary actions that would remove legal authority to operate.

5. Fit and maintain required equipment

• For flights at or above FL125, carry supplemental oxygen from an oxygen supply system approved by CASA or the relevant sport body (10.1(f)). For flights above 300 feet AGL, carry a serviceable pressure altitude measuring/display device calibrated and accurate as specified (10.1(g)). For powered operations beyond gliding distance over water or beyond 25 nm, equip with serviceable radiocomms and automatic or survival ELT as defined in the Part 91 MOS (10.1(i); s 5 definitions). Ensure equipment meets the specific accuracy and display standards articulated in the Order.

6. Observe flight conditions and airspace limitations

• Fly only in VMC and in accordance with VFR during daylight except where CASA grants an approval (10.1(a)-(b), 11). Do not conduct aerobatics over populous areas and ensure harnessing and securing requirements for aerobatics elsewhere (10.1(c)-(d)). Respect populous area height requirements and landing clearances (10.1(j)). Operate only in permitted airspace classes; where operating in Class C or D airspace beyond limited allowances, ensure you hold a Part 61 pilot licence with aircraft category rating and a valid flight review and carry two‑way ATC radiocomms (10.1(k), 10.2).

7. Address HF and other radiocomms authorisations

• If making transmissions on aeronautical HF frequencies, ensure the transmitter is authorised under Part 61 or Part 64 of CASR (6.2). For VHF transmissions, only transmit if authorised under Part 61 or the sport aviation body authorises VHF use in its pilot authorisation (10.4(a)). For other frequency bands, ensure qualification under regulation 91.625 of CASR (10.4(b)).

8. Prepare for inspections and furnish documentation

• Keep ready evidence demonstrating compliance with weight requirements and other conditions that authorised persons may reasonably request and provide reasonable access to aircraft for verification (9.1(c)). Maintain records of pilot certificates, instructor authorisations, maintenance records aligned to the technical manual, and any CASA approvals.

9. Do not use aircraft for hire or reward

• The Order forbids carriage of passengers or cargo for hire or reward (9.1(d)). Keep commercial arrangements separate from private operations or obtain appropriate authorisations outside the Order if commercial activity is intended.

10. Respect military airspace and restricted zones

• Avoid flying within 5 nm of a military aerodrome and do not enter a Military Control Zone without prior approval from the relevant military authority (10.5-10.6). Map intended routes against AIP, NOTAM and CASA airspace determinations to ensure compliance.

11. Seek CASA approval where necessary and allow lead time

• If proposing to fly otherwise than in accordance with conditions in subsections 9 or 10, apply to CASA under s 11.2 with full details and at least 28 days notice. Ensure the application sets out the specific conditions to be disapplied and the proposed risk controls. Do not rely on informal oral permissions.

12. Monitor the Order’s temporal limits and transitional continuity

• The Order expires on 1 December 2027 (s 3). If long‑term planning or investments are contemplated, track whether the Order is renewed or replaced. For existing certificates/approvals issued under previous CAO 95.8 instruments, confirm they continue under the transitional provisions (s 12).

13. Coordinate with sport aviation bodies on technical standards

• Maintenance and design standards are to be derived from the relevant sport aviation body’s technical manual, as approved by CASA (s 5). For maintainers and manufacturers, ensure maintenance procedures, test processes and modifications conform to the technical manual to avoid creating aviation safety gaps.

14. Document approvals and conditions

• If granted a CASA approval under s 11, keep the approval document and comply with all specified conditions; contravening the approval or its conditions is forbidden by s 11.4.

15. Legal and compliance oversight

• Operators should ensure they have legal and compliance support familiar with the intersection of sport aviation body requirements, CASA approvals and retained CASR/CAR obligations. Where ambiguities arise, seek clarification from CASA or the sport aviation body in writing.

Following these steps aligns operations with the Order’s conditional exemption model: sport aviation bodies provide the operational and technical rules, operators and pilots comply with those rules and the Order’s specific operational constraints, and CASA retains a role in approving manuals and exceptions.