Explanatory Statement
Civil Aviation Regulations 1988
Amendment of instrument CASA 206/09
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Under regulation 208 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions as to the operating crew required to be carried on an aircraft having regard to the safety of air navigation. Subsection 7 and subparagraph 6.1 (a) of Civil Aviation Order 20.16.3 (CAO 20.16.3) were made under regulation 208 of CAR 1988 and provide, among other things, that aircraft carrying more than 36 and not more than 216 passengers must carry a cabin attendant for each unit of 36 passengers or part of that.
CAO 20.16.3 has remained in the same form since 1960 and as such represents a 49 year gap since a reassessment of cabin attendant numbers against a criterion of allowable seating rather than passenger numbers. CASA in a report, Review of policies and practices for first-of-type certification of imported aircraft, recommended the recognition of the Federal Aviation Administration of the United States of America and the European Aviation Safety Agency (EASA) certification standards. The recommendation was adopted.
The direction will allow Jetstar Airways Pty Limited (the operator) to operate Airbus A321-231 series aircraft with not less than 5 cabin attendants. CASA considers that the operator has addressed the risks associated with the proposed change to procedures. CASA also considers that the operator has increased the awareness and capability of passengers seated at emergency exit rows in a manner equivalent to, or better than, that achieved when the Airbus A321-231 series satisfied the requirements of EASA. CASA is satisfied the evacuation of a full complement of passengers could be achieved within 90 seconds, within the EASA guidelines for certification demonstrations.
The amendment amends a previous instrument to remove an incorrect reference to the aircraft as the Airbus A321-213.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instrument 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. Under regulation 5A of CAR 1988, if CASA has issued a Civil Aviation Order (CAO) and CASA later issues a direction that affects the operation of the CAO, the later document is declared to be a disallowable instrument. The instrument affects the operation of subparagraph 6.1 (a) of CAO 20.16.3. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 has not been undertaken because the instrument is of a minor and machinery nature. It amends CASA 206/09 to correct a typographical error.
The instrument commences on the day of registration and stops having effect at the end of 31 May 2011.
The instrument has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 250/09]