EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
APPROVAL UNDER SUBREGULATION 207 (2)
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (the Regulations) provides that an Australian aircraft shall not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment as the Civil Aviation Safety Authority (CASA) approves or directs.
Paragraph 3.1 of section 20.4 of the Civil Aviation Orders (the Orders) provides that oxygen must be stored, and dispensing and control equipment must be installed, on an aircraft in accordance with section 108.26 of the Orders. Paragraph 3.2 provides that the minimum rates of oxygen flow on an aircraft must also be in accordance with section 108.26.
This approval under subregulation 207 (2) permits aircraft VH-KKS to which that requirement applies to operate with a particular make of nasal cannula type individual oxygen dispensing units. The units have to have a flow rate of not less than 0.3 litre per minute increasing by 0.1 litre per minute for every 2,000 feet up to an altitude of 18,000 feet, which is the maximum altitude at which those units are permitted to be used under section 108.26.
Nasal cannula type units supply oxygen through the nose only. Above an altitude of 18,000 feet, only units designed to cover the nose and mouth must be used. In addition, under paragraph 5.1.2 of section 108.26, the latter type of unit must be supplied in an aircraft in a ratio of 1 for every 15 oxygen dispensing units installed. The approval states that requirement will continue to apply.
The minimum flow rate specified in this approval differs from the flow rate specified in paragraph 6.1 of section 108.26 for oxygen equipment used by flight crew members. Because nasal cannula type units supply oxygen directly to the lungs through the nose, a lesser flow rate produces the same level of oxygen in the blood as the flow rate specified in paragraph 6.1. The approval also states that the flow rate specified in paragraph 6.1 continues to apply to units designed to cover the nose and mouth that are installed in the same aircraft.
Under regulation 5A, a “prescribed direction or exemption” that affects the operation of anything in an Order is a disallowable instrument. This approval affects the operation of paragraph 6.1 of section 108.26 by specifying a different minimum flow rate and is a prescribed direction or exemption as defined in regulation 5A. It has been tabled as a disallowable instrument.
The approval came into operation on gazettal.
The approval has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations.
[Instrument Number: CASA 32/02]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety and efficiency of civil aviation in Australia, was introduced to address the need for stringent regulations governing the operation of aircraft within Australian airspace. This Act empowers the Governor-General to make regulations, as per section 98, to ensure compliance with safety standards. One such regulation, subregulation 207(2), mandates that Australian aircraft must be fitted with instruments and equipment approved by the Civil Aviation Safety Authority (CASA). This specific approval under subregulation 207(2) permits the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-KKS, subject to certain conditions regarding oxygen flow rates and equipment ratios. The approval has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations and has been tabled as a disallowable instrument under regulation 5A. This ensures that the regulatory framework remains robust and adaptable to the evolving needs of the aviation industry while maintaining safety as the paramount concern.
Scope and Application
The approval under subregulation 207(2) of the Civil Aviation Regulations 1988 applies specifically to the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft registered as VH-KKS. This approval is relevant to the operational standards and safety requirements of civil aviation in Australia, ensuring that the specified aircraft can comply with the Civil Aviation Safety Authority's (CASA) directives regarding the fitting and operation of oxygen dispensing equipment. The geographic reach of this regulation is national, as it pertains to all aircraft operating within Australia that are subject to the Civil Aviation Act 1988 and the Civil Aviation Orders. The approval outlines the conditions under which these units can be used, including the minimum flow rate requirements and the maximum operational altitude, as well as the ratio requirements for units designed to cover both the nose and mouth at higher altitudes. This approval does not exempt any particular entities or operations from the general safety standards set forth in the Civil Aviation Orders, though it does provide a specific exemption for the specified units under the conditions detailed. The approval is a disallowable instrument, meaning it can be reviewed and potentially disallowed by Parliament, and it came into operation upon gazettal.
Key Provisions
The key operative sections of this legislation are Section 98 of the Civil Aviation Act 1988 and subregulation 207(2) of the Civil Aviation Regulations 1988, which together empower the Governor-General to make regulations that govern the use of Australian aircraft in various classes of operations. This includes ensuring that the aircraft is equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA). Additionally, section 20.4 of the Civil Aviation Orders (the Orders) stipulates the requirements for the storage of oxygen and the installation of dispensing and control equipment on aircraft, in accordance with section 108.26 of the Orders.
This Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates that Australian aircraft must be equipped with CASA-approved instruments and equipment before being used in any class of operations. Specifically, for the aircraft VH-KKS, this involves the use of a particular make of nasal cannula type individual oxygen dispensing units with a specified flow rate. The flow rate must not be less than 0.3 litre per minute, increasing by 0.1 litre per minute for every 2,000 feet up to an altitude of 18,000 feet. Above this altitude, only units designed to cover both the nose and mouth can be used, and they must be supplied in a ratio of 1 for every 15 oxygen dispensing units installed. Furthermore, this approval is subject to regulation 5A, which designates it as a disallowable instrument that can be tabled.
The Act also sets out specific penalties and consequences for non-compliance. While the Explanatory Statement does not detail specific penalties, breaches of civil aviation regulations can generally lead to a range of civil and criminal consequences. Civil penalties may include fines, while criminal penalties can result in imprisonment, depending on the severity and nature of the breach. The approval under subregulation 207(2) specifies the minimum flow rate for nasal cannula type units, differing from the flow rate for units used by flight crew members, but it still adheres to the overarching safety standards mandated by CASA. This approval has been issued by a delegate of CASA in accordance with regulation 7 of the Regulations, ensuring that the specified requirements are met to maintain safety standards in aviation operations.