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, and CASA later issues a direction, instruction, notification, permission, approval or authority that in any way affects the operation of the Civil Aviation Orders, 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.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. This approval renews a previous approval that was to expire at the end of June 2008.
The instrument has been issued by a delegate of CASA under subregulation 7 (1) of CAR 1988. It commences on 1 July 2008 and stops having effect at the end of June 2010.
[Instrument number CASA 332/08]