Explanatory Statement
Civil Aviation Regulations 1988
Revocation of Direction — number of cabin attendants in ATR 42-500 aircraft
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.
CASA issued a direction in instrument CASA 51/09 to Macair Airlines Pty Ltd (the operator) to operate the aircraft with 1 flight attendant. The operator is no longer in operation so the instrument has been revoked.
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 (the 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 of the LIA has not been carried out because the instrument revokes instrument CASA 51/09 issued to the operator. The instrument is not required because the operator is no longer operating.
The instrument has been issued by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988. It commences on the day after it is registered.
[Instrument number CASA 272/09]