CASA 479/06 - Approval under subregulation 207(2)

Overview

The Civil Aviation Regulations 1988, enacted to ensure the safety and regulation of civil aviation in Australia, provides a framework for the approval of aircraft instruments and equipment under subregulation 207(2). This particular legislative instrument, declared under subregulation 207(2) of the Civil Aviation Regulations 1988, is an approval by the Civil Aviation Safety Authority (CASA) for the use of “Oxymizer” individual oxygen dispensing units by flight crew members in private, aerial work, or charter operations. This approval acknowledges the efficacy of these units, which supply oxygen directly to the lungs through the nose, allowing for a lesser flow rate compared to traditional units that cover both the nose and mouth. The approval aligns with Civil Aviation Order 108.26, which governs oxygen storage and dispensing equipment, while also imposing certain restrictions, such as the prohibition of nasal cannula units above flight level 180. The decision to issue this general direction follows CASA's historical approval of such units on a case-by-case basis, reflecting their satisfactory performance. As a legislative instrument, this direction is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. This approval is set to expire at the end of November 2008.

Scope and Application

The Civil Aviation Regulations 1988, under subregulation 207(2), empower the Governor-General to make regulations that ensure Australian aircraft are only used in approved classes of operations when fitted with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA). This specific approval, declared as a disallowable instrument under regulation 5A of CAR 1988, permits the use of "Oxymizer" individual oxygen dispensing units by flight crew in private, aerial work, or charter operations. The approval allows these units to be used with different oxygen flow rates compared to those specified in paragraph 6.1 of Civil Aviation Order 108.26, which applies to units covering the nose and mouth. The approval is subject to conditions outlined in CAO 108.26, such as the requirement for a ratio of 1 unit for every 15 installed oxygen dispensing units designed for the nose and mouth, and the restriction on using nasal cannula units above flight level 180. This approval, as a legislative instrument, is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The instrument, effective from the day after registration and expiring at the end of November 2008, has been made by a delegate of CASA in accordance with regulation 207(2) of CAR 1988.

Key Provisions

The main sections of this legislation revolve around the approval under subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988). This approval, as outlined in the explanatory statement, permits the use of “Oxymizer” individual oxygen dispensing units by the flight crew of aircraft involved in private, aerial work, or charter operations (subregulation 207(2)). This is a departure from the typical requirement where oxygen dispensing units must be installed on the aircraft (Regulation 5). The approval allows for the use of nasal cannula units, which supply oxygen directly to the lungs, under certain conditions and with specific flow rates (paragraph 6.1 of CAO 108.26). It also sets out restrictions on the use of these units above flight level 180 (paragraph 5.1.3 of CAO 108.26). The obligations imposed by this legislation are primarily on the Civil Aviation Safety Authority (CASA) and aircraft operators. CASA is responsible for ensuring that any use of oxygen dispensing units complies with the set conditions and restrictions. Aircraft operators must adhere to the specific requirements regarding the flow rates and installation of these units. They must ensure that the oxygen dispensing units are properly stored and installed in accordance with CAO 108.26 (paragraph 3.1). The operators also need to comply with the ratio of oxygen dispensing units that cover the nose and mouth as specified in paragraph 5.1.2 of CAO 108.26. For breaches of the conditions set out in this legislation, there could be significant legal consequences. Although the explanatory statement does not explicitly detail the penalties, under the Civil Aviation Act 1988, non-compliance with regulations could lead to fines or other enforcement actions. The specific penalties for breach would depend on the severity and nature of the violation. Furthermore, because this approval is a disallowable instrument under regulation 5A of CAR 1988, it is subject to tabling and disallowance in Parliament, as outlined in sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). The disallowance process provides a mechanism for Parliament to review and potentially reject the legislative instrument if it is deemed inappropriate or unlawful.