Explanatory Statement
Civil Aviation Safety Regulations 1998
ATSO-C1007 - Acceptable means of compliance for Flight Data Recorder Interface Unit design standards
Legislation
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 21.601 of the Civil Aviation Safety Regulations 1998, CASA may issue an Australian Technical Standards Order (ATSO) for specified articles used on civil aircraft.
CASA is aware of some manufacturers in Australia that want to manufacture a Flight Data Recorder Interface Units for sale and use within Australia. However, there is no suitable US or Australian design standards published for these units. In the absence of the design standards each manufacturer would be required to develop their own design standards and have those approved by CASA. The manufacturers would also be required to pay for CASA to assess and approve the design standards.
Industry has requested CASA to develop and publish design standards for Flight Data Recorder Interface Units. This would avoid the need for individual manufacturers to develop their own design standards and the associated costs.
CASA raised ATSO-C1007 - Acceptable means of compliance for Flight Data Recorder Interface Unit design standards to give Australian manufacturers a design standard which will enable them to manufacture Flight Data Recorder Interface Units for sale and use within Australia. This instrument replaces ATSO-C1007.
It removes the previous requirement under subsection 9.2 to provide the information mentioned in paragraphs 7(h) to 7(o) to intending users of the equipment, as this is the intellectual property of the manufacturer and need not be made available to third parties. It also removes the previous paragraph 9.2(b) which required disclosure of the ATSO authorisation from CASA. This has been done for the same reason.
Consultation
This ATSO was issued after a request from the public. As the amendment is minor and clarifies the intention of the original document, which was not to disclose intellectual property of the manufacturer, no further consultation was considered necessary.
Regulatory Impact
The OBPR assessed that the proposed ATSO is machinery in nature and no further analysis in the form of a Regulation Impact Statement was required (OBPR ID: 15078).
Compatibility with human rights and freedoms
A statement of compatibility with human rights is at Attachment 1.
Commencement and making
The instrument commences on the day after registration.
This ATSO has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.
[Instrument number ATSO-C1007a]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
ATSO-C1007a - Acceptable means of compliance for Flight Data Recorder Interface Unit design standards
This legislative 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.
Overview of the legislative instrument
CASA raised ATSO-C1007 to give Australian manufacturers a design standard which will enable them to manufacture Flight Data Recorder Interface Units for sale and use within Australia. The ATSO related to specified aeronautical products.
This ATSO replaces ATSO-C1007 to remove the previous requirement to provide certain information to intending users of the equipment, as it is considered the intellectual property of the manufacturer and should not be made available to third parties.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority
Overview
The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation in Australia. This regulatory framework provides the authority for the Civil Aviation Safety Authority (CASA) to issue Australian Technical Standards Orders (ATSO), including the ATSO-C1007, which sets acceptable means of compliance for Flight Data Recorder Interface Unit design standards. This specific legislative instrument was introduced to address the problem of Australian manufacturers lacking suitable design standards for Flight Data Recorder Interface Units, which are essential for the safe operation of civil aircraft. By establishing these design standards, CASA aimed to streamline the approval process and reduce costs for manufacturers, while maintaining high safety standards. The regulations were developed in response to industry requests and were enacted by CASA, acting under the powers conferred by the Civil Aviation Act 1988. The overarching policy objective is to facilitate the efficient and safe production of aeronautical products within Australia, ensuring compliance with international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by Australian Technical Standards Order (ATSO) C1007, apply to the design, manufacture, and sale of Flight Data Recorder Interface Units within Australia. This legislation is specifically targeted at manufacturers in Australia who seek to produce these units for use on civil aircraft, ensuring that they comply with nationally recognised design standards. The ATSO aims to streamline the regulatory process by providing a standardised design framework, thereby reducing the burden on individual manufacturers to develop their own design standards and secure CASA's approval. The geographic and jurisdictional reach of this Act is confined to the Australian civil aviation sector, operating under the authority of the Civil Aviation Safety Authority (CASA). The ATSO eliminates the previous requirement for manufacturers to disclose certain information to third parties, protecting their intellectual property. This instrument was developed in response to industry requests and has undergone a minor amendment to clarify its intent without necessitating further consultation. The Regulatory Impact assessment deemed the proposed changes to be of a machinery nature, thereby exempting them from a detailed Regulation Impact Statement. This ATSO, made under delegated authority, is compatible with human rights and freedoms, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR), under regulation 21.601, empower the Civil Aviation Safety Authority (CASA) to issue Australian Technical Standards Orders (ATSO) for specified articles used on civil aircraft. The ATSO-C1007, titled "Acceptable means of compliance for Flight Data Recorder Interface Unit design standards", provides Australian manufacturers with a design standard that allows them to manufacture these units for sale and use within Australia. This regulation aims to streamline the process by providing a unified design standard rather than requiring individual manufacturers to develop their own, which would be more costly and time-consuming.
Under this ATSO, manufacturers are required to adhere to the specified design standards for Flight Data Recorder Interface Units. This includes ensuring that their products meet the outlined safety and technical specifications. The regulation also stipulates that certain information, such as details outlined in paragraphs 7(h) to 7(o), should not be disclosed to third parties, as it constitutes the intellectual property of the manufacturer. This measure protects the proprietary rights of manufacturers while ensuring the safety and compliance of the manufactured units.
Any breach of the requirements set out in the ATSO-C1007 may lead to regulatory action against the manufacturer. While the explanatory statement does not explicitly detail specific offences or penalties, non-compliance with CASA regulations generally could result in enforcement actions such as fines, suspension, or revocation of airworthiness certificates, and other administrative or legal consequences. These penalties are intended to enforce adherence to safety standards and protect the integrity of the civil aviation system.
The ATSO-C1007 was developed in response to industry requests and after consultation with the public, indicating CASA's commitment to industry needs while ensuring safety and compliance. The instrument was assessed by the Office of Best Practice Regulation (OBPR) and deemed not to require further detailed analysis. Additionally, a Statement of Compatibility with Human Rights confirms that the instrument does not engage any of the applicable rights or freedoms, ensuring alignment with human rights standards. The ATSO commenced on the day after its registration, formalising its legal effect.