The Federal Court held that CASA's instrument imposing conditions on flight crew licences for community service flights was validly made under regulation 11.068 of the CASR and was neither ultra vires nor unreasonable. The Court held that the 'class of authorisations' in reg 11.068 need not correspond to the classes of civil aviation authorisation prescribed in table 13.375 of the CASR (which serves the specific purpose of the demerit points scheme), and that 'flight crew licences' constituted a valid specified class. The Court also held that defining 'community service flights' in the instrument was a permissible drafting mechanism to identify the circumstances triggering licence conditions, rather than an impermissible creation of a new class of authorisation, and that the instrument was properly a legislative instrument applying to a class of persons (flight crew licence holders) within s 98(5AA) of the CA Act.
The full text is available to signed-in members.