Explanatory Statement
Civil Aviation Regulations 1988
Revocation of instruments CASA EX22/07, CASA EX26/07 and CASA 369/07
Legislation
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 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. The direction has been issued in Civil Aviation Order 20.11 (the Order). The Order has been amended to bring the requirements into line with International Civil Aviation Organization standards and, therefore, the exemptions are no longer required.
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 revocation 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 amendment to the Order has rendered the exemptions no longer necessary.
The instrument commences on the day after it is registered.
The instrument has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX10/08]