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 (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 (CAOs).
Paragraph 3.1 of section 20.4 of the CAOs 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 CAOs. Paragraph 3.2 provides that the minimum rates of oxygen flow must also be in accordance with section 108.26.
This approval under subregulation 207 (2) permits aircraft VH-CBK to operate with “Oxymizer” individual oxygen dispensing units installed for use by flight crew members. Oxygen dispensing units that meet the requirements of paragraph 6.1 of section 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 rates 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.
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 rates specified in paragraph 6.1 of section 108.26 will apply to those units. The approval is also subject to paragraph 5.1.3 of section 108.26 which prohibits the use of nasal cannula units above 18 000 feet.
Because this approval affects the operation of paragraph 6.1 of section 108.26, it is declared to be a disallowable instrument under regulation 5A of CAR 1988. 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. It comes into effect at the start of the day after it is registered on the Federal Register of Legislative Instruments.
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument has been issued, at the request of the operator to permit the operation of a single aircraft with the specified equipment. It replaces a previous approval issued for the same purpose.
The approval has been issued by a delegate of CASA in accordance with regulation 7 of CAR 1988. It stops having effect at the end of February 2008.
[Instrument Number CASA 76/05]