Explanatory Statement
Civil Aviation Regulations 1988
Approval and directions — flight data recorders
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.
Paragraph 6.5 of Civil Aviation Order 20.18 provides that an aircraft to which that Order applies must be equipped with a flight data recorder that retains its last 25 hours of recording.
This approval provides that BHA AS 332 L (Super Puma) helicopters operated by Bristow Helicopters Australia Pty Ltd may be equipped with flight recorders that retain their last 5 hours of recording.
CASA considers that the operation of the helicopter in accordance with this approval will not affect the safety of air navigation.
Legislative Instruments Act
Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order (CAO) and CASA later issues a direction, instruction, notification, permission, approval or authority that in any way affects the operation of the CAOs, the later document is declared to be a disallowable instrument. 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.
Human Rights Compatibility
This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. This instrument of approval and directions replaces a previous instrument, CASA 225/10, that was to expire at the end of June 2012.
Commencement and making
The instrument commences on 1 July 2012 and stops having effect at the end of June 2015. It has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 200/12]
Overview
The Civil Aviation Regulations 1988, as amended by the Explanatory Statement F2012L01400, address a specific operational requirement for certain types of helicopters used in Australian airspace. Enacted by the Governor-General under section 98 of the Civil Aviation Act 1988, these regulations are overseen by the Civil Aviation Safety Authority (CASA). The primary objective of this regulatory instrument is to ensure that BHA AS 332 L (Super Puma) helicopters operated by Bristow Helicopters Australia Pty Ltd are equipped with flight data recorders that meet the necessary safety and operational standards. This particular approval allows for the use of flight recorders that retain their last 5 hours of recording, a modification from the standard 25-hour retention period, deemed sufficient by CASA to maintain the safety of air navigation without compromising operational efficiency. The regulations also address legislative instruments, ensuring compliance with the Legislative Instruments Act 2003, and confirm that the instrument does not engage with human rights issues, thereby maintaining compatibility with relevant human rights legislation.
Scope and Application
The Civil Aviation Regulations 1988, under the authority of section 98 of the Civil Aviation Act 1988, establish the requirements for the use of Australian aircraft in various classes of operations, stipulating that such aircraft must be fitted with approved instruments and equipment, including emergency equipment, as directed by the Civil Aviation Safety Authority (CASA). Specifically, the regulation permits BHA AS 332 L (Super Puma) helicopters operated by Bristow Helicopters Australia Pty Ltd to be equipped with flight data recorders that retain their last 5 hours of recording, deviating from the standard requirement of 25 hours as specified in Civil Aviation Order 20.18. This approval was issued on the basis that the operation of these helicopters in this manner will not compromise the safety of air navigation. The scope of this approval is limited to the specified class of helicopters and their operators, applying to their conduct and transactions within the Australian jurisdiction. It is noteworthy that this instrument, being a legislative instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in the Parliament. Additionally, the instrument does not engage with any human rights issues, thereby being compatible with human rights as it does not raise any such issues. The instrument came into effect on 1 July 2012 and will cease to have effect at the end of June 2015, replacing a previous instrument, CASA 225/10.
Key Provisions
The Civil Aviation Regulations 1988, under the authority granted by Section 98 of the Civil Aviation Act 1988, mandate that Australian aircraft must be equipped with approved instruments and equipment, including emergency equipment, as directed by the Civil Aviation Safety Authority (CASA) before being used in any class of operations (Subregulation 207(2) CAR 1988). Additionally, Civil Aviation Order 20.18 stipulates that aircraft covered by this Order must be equipped with a flight data recorder that retains the last 25 hours of recording (Paragraph 6.5). The approval granted here allows BHA AS 332 L (Super Puma) helicopters operated by Bristow Helicopters Australia Pty Ltd to be equipped with flight recorders that retain their last 5 hours of recording, with CASA deeming this arrangement safe for air navigation.
The obligations imposed by this regulation require Bristow Helicopters Australia Pty Ltd to ensure that their BHA AS 332 L (Super Puma) helicopters are fitted with flight data recorders retaining the last 5 hours of recording as approved by CASA. This obligation extends to ensuring that the operation of these helicopters adheres to the conditions set forth by CASA to maintain safety standards. CASA’s role includes issuing directions, instructions, notifications, permissions, approvals, or authorities that affect the operation of Civil Aviation Orders. If CASA issues such a subsequent document affecting a Civil Aviation Order, it is considered a disallowable instrument under the Legislative Instruments Act 2003 (LIA) (Regulation 5A CAR 1988).
Failure to comply with the requirements set forth in the Civil Aviation Regulations 1988 could result in civil or criminal consequences. The precise nature and severity of these consequences would depend on the specific breach and the provisions of the Civil Aviation Act 1988 and other relevant legislation. The maximum penalties for breaches of aviation safety regulations can include substantial fines and, in more serious cases, imprisonment. These penalties are intended to enforce compliance and ensure the safety of air navigation.