Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — public address system
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 251 (6) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, for the purpose of ensuring the safety of air navigation, give directions requiring the owner or operator of an aircraft to install in the aircraft an approved communications system to enable the pilot in command to notify passengers when a seat belt or safety harness is to be worn.
Under regulation 5 of CAR 1988, if CASA is empowered or required under the Regulations to issue a direction, CASA may, unless the contrary intention appears in the regulation, issue the direction in a Civil Aviation Order (CAO) or otherwise in writing.
A relevant direction is in paragraph 4.3 of CAO 20.16.3, which applies to all Australian registered aircraft. Paragraph 4.3 of CAO 20.16.3 requires 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 helicopters referred to in the exemption are not required to carry a cabin attendant.
Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may grant an exemption from compliance with a provision of CASR 1998, CAR 1988 or a CAO. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
Under subregulation 11.205 (1), CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation.
Under regulation 11.210, it is an offence to fail to comply with a condition of an exemption. Under regulation 11.225, an exemption must be published on the Internet. Under regulation 11.230, the maximum duration of an exemption is 3 years.
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Background
Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia) (the operator) has been granted an exemption from paragraph 4.3 of CAO 20.16.3 (CASA EX92/12 refers). That exemption expires at the end of 30 June 2015.
The operator has applied for the renewal of the exemption. CASA has agreed to renew the exemption subject to similar conditions.
Instrument
The instrument exempts the operator from compliance with paragraph 4.3 of CAO 20.16.3 in relation to operation of its AS332L and AS332LI Super Puma helicopters when engaged in aerial work or charter operations. The exemption allows the relevant helicopters to be operated without a public address system if appropriate normal and emergency procedures are established and utilised. This exemption is consistent with equivalent rules in place in the U.K. and the U.S.A. in relation to the particular models of helicopters.
The conditions of the exemption set out the normal and emergency procedures that must be followed. These involve use of an in-flight entertainment system to address passengers or, if that system is inoperative, use of the aircraft intercom to alert a passenger in the front of the aircraft to pass on messages to the other passengers. The conditions also stipulate the maximum period of time for which the entertainment system may remain inoperative and other conditions, such as the briefing of passengers before a flight and the wearing of seat belts at all times while the aircraft is in flight.
The instrument also repeals the previous exemption on this subject, CASA EX92/12.
Legislative Instruments Act 2003 (the LIA)
Under section 5 of the LIA, subject to sections 6, 7 and 9 of the LIA, a legislative instrument is an instrument in writing that is of a legislative character, and that is or was made in the exercise of a power delegated by the Parliament.
Under subparagraph 6 (d) (i) of 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. Under regulation 5A of CAR 1988, if CASA has issued a CAO, and CASA later issues an exemption that affects the operation of the CAO, the later document is declared to be a disallowable instrument. The instrument affects the operation of paragraph 4.3 of CAO 20.16.3.
As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The instrument has been issued at the request of the operator and renews a previous instrument of exemption issued to the same operator (CASA EX92/12). In these circumstances, CASA considers that it is not appropriate, or necessary, to undertake further consultation under section 17 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on 1 July 2015 and expires at the end of June 2018, as if it had been repealed by another instrument.
[Instrument number CASA EX105/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — public address system
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The instrument exempts Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia) (the operator) from the requirement for its Super Puma helicopters to have an approved and serviceable electronic public address system to notify passengers when a seat belt or safety harness is to be worn.
The instrument is subject to conditions in the interests of aviation safety, including that an alternative means to allow the flight crew to communicate with passengers is provided, that the passengers receive a comprehensive safety briefing before the flight, and that passengers remain seated with seat belts fastened throughout the flight.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority