EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS
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.
Subregulation 5 (1) of the Regulations provides that where CASA is empowered under the Regulations to issue a direction, CASA may, unless the contrary intention appears, issue the direction in Civil Aviation Orders (the Orders) or otherwise in writing.
Section 20.18 of the Orders sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations.
Subsection 6 of section 20.18 provides that certain aircraft referred to in the paragraph must not be flown unless equipped with an approved flight data recorder system and cockpit voice recorder system. Paragraph 6.2 of subsection 6 requires those recorder systems to record the parameters specified in section 103 of the Orders. Appendix I to section 20.18 sets out parameters for flight data recorders and the required ranges, accuracy and recording intervals for those parameters.
This approval under subregulation 207 (2) permits the aircraft with nationality and registration marks VH-YAF to operate with a flight data recorder system that does not fully meet the requirements of Appendix I in respect of 1 of the 20 parameters referred to in the Appendix.
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 20.18 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.
[Instrument Number: CASA 95/00]