Explanatory Statement
Civil Aviation Regulations 1988
Approval and directions — operations without an approved digital flight data recorder
Legislation
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that an Australian aircraft must not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment, including emergency equipment, as the Civil Aviation Safety Authority (CASA) approves or directs.
Civil Aviation Order 20.18 (CAO 20.18) sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations. Paragraph 6.1 provides that certain aircraft may be flown only if equipped with an approved flight data recorder system.
This approval, under subregulation 207 (2) of CAR 1988, permits aircraft VH-CCJ to operate without an approved flight data recorder system while being operated in private operations. The aircraft must, however, be equipped in all other respects as required by CAO 20.18 and must not be used for training flights.
Legislative Instruments Act
Under regulation 5A of CAR 1988, if CASA has issued a direction in the form of a Civil Aviation Order (CAO) and later issues another direction which has the effect of amending, varying or repealing the CAO, the later instrument is a disallowable instrument. The instrument affects the operation of paragraph 6.1 of CAO 20.18.
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
No consultation has taken place. The instrument is similar to a previous instrument (CASA 379/05) issued for aircraft VH-VFP, which ceased to have effect at the end of February 2006. This is a continuation of the current policy.
The instrument has been issued by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
The instrument commences on the day after it is registered and stops having effect at the end of 31 March 2010.
[Instrument number CASA 183/08]