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-MZB 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 at 10,000 feet altitude 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 323/02]
Overview
The Civil Aviation Regulations 1988 were enacted to provide a comprehensive framework for the regulation of civil aviation within Australia, addressing the need for safety and operational standards in the aviation industry. One specific instrument under this legislation is the approval given under subregulation 207(2), which allows the Civil Aviation Safety Authority (CASA) to approve the use of particular types of oxygen dispensing units on certain aircraft. This approval was issued to permit the operation of aircraft VH-MZB with a specific make of nasal cannula type individual oxygen dispensing units, subject to certain conditions regarding flow rates and altitude limitations. The policy objective of this approval is to ensure that the oxygen supply systems on the aircraft meet the necessary safety standards, thereby safeguarding the health and safety of passengers and crew during flight operations. This instrument, as a disallowable instrument, has been tabled in accordance with the relevant legislative requirements and came into operation upon gazettal.
Scope and Application
The Civil Aviation Orders (the Orders) establish various safety requirements for aircraft operations in Australia, with the Civil Aviation Safety Authority (CASA) responsible for approving or directing the equipment that must be fitted or carried by Australian aircraft. This specific approval under subregulation 207(2) of the Civil Aviation Regulations 1988 pertains to the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-MZB. The approval allows these units to be used at altitudes up to 18,000 feet, provided they meet the specified flow rate requirements. Notably, this approval modifies the flow rate requirement for these units, differing from the flow rate specified for oxygen equipment used by flight crew members, as nasal cannula type units supply oxygen more directly to the lungs through the nose. The approval has been issued by a delegate of CASA and has been tabled as a disallowable instrument under regulation 5A of the Regulations, reflecting its significant operational impact on the approved aircraft.
Key Provisions
The main 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 provide the framework for the approval of aircraft equipment. Specifically, this approval under subregulation 207(2) allows the use of a particular make of nasal cannula type individual oxygen dispensing units on aircraft VH-MZB in certain classes of operations. The approval specifies the required flow rates for these units at various altitudes, which must be adhered to for compliance with aviation safety standards.
The obligations and requirements imposed by this legislation on the parties governed by it are quite specific. Aircraft owners and operators must ensure that their aircraft are equipped with the approved type of oxygen dispensing units and that these units meet the specified flow rates depending on the altitude. The legislation also mandates that the units are installed in accordance with the Civil Aviation Orders. Additionally, if the aircraft operates above 18,000 feet, it must also carry units that cover both the nose and mouth, in a specified ratio to the nasal cannula units.
Failure to comply with the provisions of this legislation can result in serious consequences. Offences related to non-compliance with these requirements may lead to both civil and criminal penalties. Under the Civil Aviation Act 1988, individuals and corporations can be subject to fines and other civil penalties for breaches. The specific penalties are not detailed in the explanatory statement, but they can be significant, depending on the severity of the non-compliance. Additionally, criminal penalties may apply, including potential imprisonment, for serious violations that endanger the safety of the aircraft and its occupants.
This approval, as a disallowable instrument, has been tabled for parliamentary scrutiny to ensure that it aligns with legislative intent and public safety considerations. The requirement for tabling underscores the importance of oversight and accountability in the approval process for aviation safety equipment. It ensures that any exemptions or directions issued by CASA are subject to parliamentary review, thereby maintaining a balance between regulatory flexibility and stringent safety standards.