Explanatory Statement
Civil Aviation Regulations 1988
Exemption — public address system
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with specified provisions of CAR 1988.
Under subregulation 308 (3) of CAR 1988, the exemption may be issued subject to such conditions as CASA considers necessary in the interests of safety.
Subregulation 207 (2) of CAR 1988 states that a person must not use an Australian aircraft in a class of operation unless it is fitted with, or carrying, equipment, including emergency equipment, that CASA has approved and directed.
Subregulation 207 (3) of CAR 1988 states that if CASA approves or directs than an instrument or item of equipment be fitted or carried on an aircraft, a person must fit, carry or use the instrument or item of equipment on an aircraft only in accordance with the directions (if any) of CASA.
Paragraph 4.3 of Civil Aviation Order 20.16.3 (CAO 20.16.3), which applies to Air Service Operations, states that when a cabin attendant is not required to be carried in an aircraft, and the passenger seating capacity is 10 seats or more, an approved and serviceable electronic public address system shall be provided to enable the pilot in command to notify passengers when a seat belt or safety harness is to be worn. The aeroplane referred to in the exemption is not required to carry a cabin attendant.
Subregulation 252 (1) of CAR 1988 states that CASA may give directions with respect to the provision in Australian aircraft of such emergency systems and equipment, and such life‑saving equipment, as CASA considers necessary to safeguard the aircraft and persons on board the aircraft.
Paragraph 14.1.6 of Civil Aviation Order 20.11 (CAO 20.11) states that aircraft engaged on regular public transport operations with a passenger seating capacity of 10 seats or more shall be equipped with an approved and serviceable electronic public address system for the purpose of making announcements relative to emergency procedures. The system shall be an integral part of the aircraft and shall be accessible and capable of immediate operation by the pilot in command, the co-pilot or an appropriately trained crew member. The transmission shall be audible throughout the passenger cabin.
Skytrans Pty Ltd, trading as Skytrans Airlines (the operator), is exempt from compliance with subregulations 207 (2) and (3) of CAR 1988 in respect of paragraph 4.3 of CAO 20.16.3 and subregulation 252 (1) in respect of paragraph 14.1.6 of CAO 20.11. The exemption allows the relevant aeroplane to be operated without a public address system if appropriate normal and emergency procedures are established and utilised.
The conditions of the exemption set out the normal and emergency procedures that must be followed.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. 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. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case because the instrument is similar to previous instruments issued to other operators.
The instrument commences on the day after it is registered and stops having effect at the end of 31 July 2009.
The instrument has been made by a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX04/08]
Overview
The Civil Aviation Regulations 1988 were enacted to regulate aviation safety and operations in Australia. The specific exemption under discussion is aimed at addressing the issue of aircraft operations without a public address system, which is a requirement for certain classes of operations and aircraft. This exemption is provided under the authority granted by section 98 of the Civil Aviation Act 1988, and the Governor-General has the power to make such regulations. The exemption is issued by the Civil Aviation Safety Authority (CASA) to ensure that safety is not compromised, despite the aircraft not being equipped with a public address system. This is achieved by imposing specific conditions that must be met to maintain safety standards, such as the establishment and use of appropriate normal and emergency procedures. The exemption is also subject to parliamentary disallowance under the Legislative Instruments Act 2003, although in this instance, consultation was not necessary as it mirrored previous exemptions granted to other operators.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) provide a framework for the regulation of civil aviation in Australia, and under Section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations. Subregulation 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with specified provisions of CAR 1988. This exemption can be issued subject to conditions that CASA considers necessary in the interests of safety, as outlined in subregulation 308(3). Specifically, the exemption under discussion pertains to Skytrans Pty Ltd, trading as Skytrans Airlines, which is exempt from certain requirements relating to the installation and use of approved public address systems in aircraft with a passenger seating capacity of 10 seats or more. The exemption allows the relevant aircraft to be operated without a public address system provided that appropriate normal and emergency procedures are established and utilised, as detailed in the conditions of the exemption. This exemption applies nationally and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The exemption instrument is effective from the day after registration and ceases on 31 July 2009.
Key Provisions
The key provisions of this piece of legislation pertain to exemptions from certain requirements of the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Orders (CAO) for a specific operator, Skytrans Pty Ltd, trading as Skytrans Airlines. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations. Subregulation 308(1) of CAR 1988 empowers the Civil Aviation Safety Authority (CASA) to exempt an aircraft or persons associated with the operation of an aircraft from compliance with specified provisions of CAR 1988. This exemption can be granted subject to conditions CASA deems necessary for safety (subregulation 308(3) of CAR 1988). Specifically, the exemption allows Skytrans Pty Ltd to operate without an approved public address system if certain normal and emergency procedures are established and followed, as stipulated in paragraphs 4.3 of CAO 20.16.3 and 14.1.6 of CAO 20.11.
The obligations imposed by this legislation on Skytrans Pty Ltd are to adhere to the established normal and emergency procedures outlined in the exemption. These procedures must be implemented to ensure safety and compliance with the regulations. The exemption requires Skytrans Pty Ltd to maintain appropriate operational protocols in the absence of a public address system. Failure to comply with these procedures can compromise safety and may lead to regulatory action.
Any breach of the conditions set out in the exemption can result in civil or criminal consequences. Under subparagraph 6(d)(i) of the Legislative Instruments Act 2003 (LIA), the exemption is considered a disallowable instrument, making it subject to tabling and disallowance in the Parliament. Although consultation under section 17 of the LIA was not undertaken as the instrument is similar to previous ones, non-compliance with the exemption conditions could lead to penalties and legal repercussions. The specific penalties for non-compliance are not detailed in the text, but they could include fines or other sanctions under relevant aviation safety laws.