Civil Aviation Amendment Regulations 2008 (No. 2) (Cth)

Civil Aviation Amendment Regulations 2008 (No. 2)¹

Select Legislative Instrument 2008 No. 238

I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.

Dated 28 November 2008

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure, Transport, Regional Development and Local Government

Name of Regulations

These Regulations are the Civil Aviation Amendment Regulations 2008 (No. 2).

Commencement

These Regulations commence on 1 February 2009.

Amendment of Civil Aviation Regulations 1988

Schedule 1 amends the Civil Aviation Regulations 1988.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 252A (1)

omit

On and after 31 July 1997, the pilot in command of an Australian aircraft that is not an exempted aircraft,

insert

The pilot in command of an Australian aircraft that is not an exempted aircraft

[2] Subregulation 252A (1), after the penalty

insert

Note For the maintenance requirements for emergency locator transmitters, see Part 4A. See also subsection 20AA (4) of the Act.

[3] Subregulations 252A (4), (5) and (6)

substitute

(4)For an emergency locator transmitter, emergency position indicating radio beacon or personal locator beacon to be an eligible ELT, it must meet the following requirements:

(a)it must, if activated, operate simultaneously:

(i)in the frequency band 406 MHz–406.1 MHz; and

(ii)on 121.5 MHz;

(b)it must be registered with the Australian Maritime Safety Authority;

(c)if it is fitted with a lithium‑sulphur dioxide battery — the battery must be of a type authorised by the FAA in accordance with TSO‑C142 or TSO‑C142a.

(5)To be an approved ELT, an eligible ELT must meet the following requirements:

(a)it must be automatically activated on impact;

(b)it must be of one of the following types:

(i)a type authorised by the FAA in accordance with:

(A)TSO‑C91a for operation on 121.5 MHz; and

(B)TSO‑C126 for operation in the frequency band 406 MHz–406.1 MHz;

(ii)a type that CASA is satisfied:

(A)is operationally equivalent to a type mentioned in subparagraph (i); and

(B)performs at a level that is at least equivalent to the level of performance of a type mentioned in subparagraph (i).

(6)To be an approved portable ELT, an eligible ELT must meet the following requirements:

(a)it must be portable;

(b)it must be of one of the following types:

(i)an emergency position indicating radio beacon of a type that meets the requirements of AS/NZS 4280.1:2003;

(ii)a personal locator beacon of a type that meets the requirements of AS/NZS 4280.2:2003;

(iii)a type authorised by the FAA in accordance with:

(A)TSO‑C91a for operation on 121.5 MHz; and

(B)TSO‑C126 for operation in the frequency band 406 MHz–406.1 MHz;

(iv)a type that CASA is satisfied:

(A)is operationally equivalent to a type mentioned in subparagraph (i), (ii) or (iii); and

(B)performs at a level that is at least equivalent to the level of performance of a type mentioned in subparagraph (i), (ii) or (iii).

[4] Subregulation 252A (7), definitions of AS/NZS and ELT

substitute

approved ELT means an eligible ELT that meets the requirements mentioned in subregulation (5).

approved portable ELT means an eligible ELT that meets the requirements mentioned in subregulation (6).

AS/NZS 4280.1:2003 means:

(a)the standard AS/NZS 4280.1:2003, 406 MHz satellite distress beacons, Part 1: Marine emergency position‑indicating radio beacons (EPIRB) (IEC 61097‑2:2002, MOD), as in force from time to time; or

(b)a later edition of the standard mentioned in paragraph (a), as in force from time to time.

AS/NZS 4280.2:2003 means:

(a)the standard AS/NZS 4280.2:2003, 406 MHz satellite distress beacons, Part 2: Personal locator beacons (PLBs), as in force from time to time; or

(b)a later edition of the standard mentioned in paragraph (a), as in force from time to time.

eligible ELT means an emergency locator transmitter, emergency position indicating radio beacon or personal locator beacon that meets the requirements mentioned in subregulation (4).

[5] Subregulation 252A (7), definition of MS

omit

[6] After subregulation 252A (7)

insert

(8)In this regulation, a reference to a particular TSO is a reference to:

(a)the particular TSO, as in force from time to time; or

(b)a later version of the particular TSO, as in force from time to time.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See