Explanatory Statement
Civil Aviation Regulations 1988
Approval and direction — operations without an approved digital flight data recorder and cockpit voice recorder
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 operation 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.
Civil Aviation Order 20.18 (CAO 20.18) sets out instruments and equipment required for Australian aircraft engaged in certain classes of operation. Paragraph 6.1 provides that certain aircraft may be flown only if equipped with an approved flight data recorder system and an approved cockpit voice recorder.
This approval under subregulation 207 (2) of CAR 1988 permits the aircraft VH‑MQE to operate without an approved flight data recorder system or cockpit voice recorder while being used for parachuting training by members of the Australian Defence Force (ADF). The aircraft must, however, be equipped in all other respects as required by CAO 20.18. The aircraft is a civil aircraft operated by Military Support Services Pty Ltd (the operator) under a contract with the ADF.
Legislative Instruments Act
Under regulation 5A of CAR 1988, if CASA has issued a direction in the form of a CAO and later issues another direction which has the effect of amending, varying or repealing the CAO, the later instrument is a disallowable instrument for section 46A of the Acts Interpretation Act 1901. The instrument affects the operation of paragraph 6.1. 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, the instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
No consultation has taken place under section 17 of the LIA. The instrument has been issued for a limited period of time at the request of the operator to enable the aircraft to be operated under a contract with the ADF while it is fitted with a digital flight data recorder system and cockpit voice recorder as required under CAO 20.18.
The instrument comes into effect on the day after it is registered. It stops having effect at the end of 30 June 2007.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 84/07]