Explanatory Statement
Civil Aviation Regulations 1988
Approval under subregulation 207 (2) of CAR 1988
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, as the Civil Aviation Safety Authority (CASA) approves or directs.
Regulation 5 of CAR 1988 provides that where CASA is empowered to issue directions, it may issue those directions in Civil Aviation Orders.
Paragraph 3.1 of Civil Aviation Order 20.4 provides that oxygen must be stored, and dispensing and control equipment must be installed, on an aircraft in accordance with Civil Aviation Order 108.26 (CAO 108.26). Paragraph 3.2 provides that the minimum rates of oxygen flow must also be in accordance with CAO 108.26.
This approval under subregulation 207 (2) of CAR 1988 permits the use of “Oxymizer” individual oxygen dispensing units by the flight crew of aircraft engaged in private, aerial work or charter operations. Oxygen dispensing units that meet the requirements of paragraph 6.1 of CAO 108.26 in relation to oxygen flow would otherwise have to be installed. The minimum flow rates specified in this approval differ from the flow rate specified in paragraph 6.1 for flight crew members. The flow rate specified in paragraph 6.1 applies to units designed to cover the nose and mouth. Because nasal cannula type units such as the “Oxymizers” supply oxygen directly to the lungs through the nose, a lesser flow rate produces the same level of oxygen in the blood as a greater flow rate provided in accordance with paragraph 6.1.
Under paragraph 5.1.2, units designed to cover the nose and mouth must be supplied in an aircraft in a ratio of 1 for every 15 oxygen dispensing units installed. For the avoidance of doubt, the approval states that this requirement will continue to apply, and that the flow rate specified in paragraph 6.1 of CAO 108.26 will apply to those units. The approval is also subject to paragraph 5.1.3 of CAO 108.26, which does not allow the use of nasal cannula units above flight level 180 (18 000 feet).
Over a long period of time CASA has approved the use of “Oxymizer” units by individual aircraft. As a result of the satisfactory use of such units, CASA has decided to issue a general direction allowing aircraft to use the units subject to the mentioned conditions and the restrictions in CAO 108.26 on the supply and use of the units. Because this approval affects the operation of paragraph 6.1 of CAO 108.26, it is declared to be a disallowable instrument under regulation 5A of CAR 1988.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument if declared to be a disallowable instrument under legislation in force before the commencing day 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. The instrument is a general direction that permits the use of equipment that has previously been permitted under separate individual directions subject to the same conditions.
This instrument comes into effect on the day after it is registered. It stops having effect at the end of November 2008.
The direction has been made by a delegate of CASA in accordance with regulation 207 (2) of CAR 1988.
[Instrument number CASA 479/06]