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 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-TBZ 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.
Overview
The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulations governing the safety and operation of aircraft within Australia. This legislation was introduced to address the need for stringent oversight and control over the civil aviation sector, ensuring that all aircraft operations comply with safety standards and regulatory requirements. The Civil Aviation Act 1988 empowers the Governor-General to make these regulations, with the objective of maintaining the highest standards of safety and efficiency in civil aviation. This particular approval under subregulation 207(2) of the Regulations, issued by a delegate of the Civil Aviation Safety Authority (CASA), allows the use of specific nasal cannula type oxygen dispensing units on aircraft VH-TBZ, tailored to different altitudes, while ensuring compliance with safety directives. The approval specifies a particular flow rate for these units, differing from that required for flight crew members, and mandates the use of units covering both nose and mouth above 18,000 feet. This measure has been tabled as a disallowable instrument under regulation 5A, reflecting its regulatory significance.
Scope and Application
The Civil Aviation Orders Approval under subregulation 207(2) pertains to the regulation of aircraft operations within Australia, specifically focusing on the requirements for oxygen dispensing units on board Australian aircraft. This approval applies to aircraft VH-TBZ and mandates the use of nasal cannula type individual oxygen dispensing units that meet certain specifications, such as a minimum flow rate of 0.3 litre per minute, increasing incrementally for every 2,000 feet up to an altitude of 18,000 feet. This regulation is in line with section 108.26 of the Civil Aviation Orders and ensures compliance with the Civil Aviation Safety Authority's (CASA) directives. The approval also clarifies that while nasal cannula units are suitable for altitudes up to 18,000 feet, units designed for both nose and mouth must be used above this altitude, with a specified ratio of one such unit for every 15 oxygen dispensing units installed. This approval, issued by a delegate of CASA, came into effect upon gazettal and has been tabled as a disallowable instrument under regulation 5A, allowing for potential scrutiny and disallowance by Parliament.
Key Provisions
The key provisions of this legislation are found in subregulation 207(2) of the Civil Aviation Regulations 1988, which mandates that an Australian aircraft cannot be used in any class of operations unless it is equipped with instruments and equipment approved by the Civil Aviation Safety Authority (CASA) or directed by them. This particular approval under subregulation 207(2) allows aircraft VH-TBZ to operate with a specific type of nasal cannula individual oxygen dispensing units, provided they meet certain criteria (Subreg 207(2), Reg 7). These units must have a minimum flow rate of 0.3 litres per minute, increasing by 0.1 litres per minute for every 2,000 feet up to an altitude of 18,000 feet, the maximum altitude permitted under section 108.26 (Section 108.26(3.1), (3.2)). Furthermore, for altitudes above 18,000 feet, only units designed to cover both the nose and mouth can be used, and these must be supplied in a ratio of one for every 15 oxygen dispensing units installed (Section 108.26(5.1.2)).
Operators of aircraft VH-TBZ must ensure that the specified nasal cannula type oxygen dispensing units are installed and operational in accordance with the approval. This includes verifying that the units meet the specified flow rate requirements and that they are configured correctly for the operating altitude. Operators must also ensure that the specified ratio of units designed to cover both the nose and mouth is maintained for altitudes above 18,000 feet. CASA may conduct inspections to ensure compliance with these requirements (Subreg 207(2), Reg 7).
Failure to comply with the requirements set out in this approval may result in enforcement action by CASA. Under the Civil Aviation Act 1988, non-compliance with regulations can lead to fines, imprisonment, or both. The maximum penalties for contravening Civil Aviation Regulations can include fines of up to $275,000 for corporations and $55,000 for individuals, as well as imprisonment for up to five years. Additionally, CASA may issue directives to cease operations or take other enforcement actions as deemed necessary to ensure compliance (Civil Aviation Act 1988, Section 98, Sch 3).