Explanatory Statement
Civil Aviation Act
Civil Aviation Safety Regulations 1998
Australian Technical Standard Order C1006
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Regulation 21.601 of the Civil Aviation Safety Regulations 1998 (CASR 1998) prescribes the requirements for the issue of an Australian Technical Standard Order (ATSO). ATSO C1006 prescribes the minimum performance standards (MPS) which a restraint system automated release device must meet in order to obtain an ATSO authorisation or letter of design approval.
The ATSO provides prospective manufacturers with a clear description of the particular parameters that such a device has to meet. These parameters are primarily the relevant standards mentioned in the ATSO. In addition, the manufacturer has to supply CASA with various technical documents relating to the device, including operating instructions and limitations and a component maintenance manual.
This ATSO is the original issue of the MPS. It will allow the evaluation of the devices to which it applies. If it is not published, Australian manufacturers are at risk of designing and manufacturing equipment that does not meet an acceptable standard.
Legislative Instruments Act
Under paragraph 98 (5AA) of the Act an instrument issued under paragraph 98 5A(a) of the Act is a legislative instrument if the instrument is expressed to apply in relation to a class of aircraft, persons or aeronautical product. The instrument relates to a design standard for a class of aeronautical product. The ATSO is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human rights implications
The instrument sets out technical requirements as described above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
Consultation
Draft ATSO C1006 was published for public comment. The responses received from local and international respondents were considered and incorporated where appropriate.
The ATSO has been made by a delegate of CASA, appointed in accordance with subregulation 11.260 (1) of CASR 1988.
[Australian Technical Standard Order C1006]