CASA EX123/14 - Exemption — from requirement to register an emergency locator transmitter with the Australian Maritime Safety Authority

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L01369 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — from requirement to register an emergency locator transmitter with the Australian Maritime Safety Authority

 

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the GovernorGeneral may make regulations for the Act and the safety of air navigation. Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.

 

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A), CASA may grant an exemption from a provision of these Regulations (including the Civil Aviation Regulations 1988 (CAR 1988)) or a provision of the Civil Aviation Orders (the CAOs) in relation to a matter mentioned in that subsection.

 

Regulation 252 of CAR 1988 provides that CASA may give directions about the necessary life-saving equipment to be carried on Australian aircraft, contravention of which is an offence of strict liability.

 

Regulation 5 of CAR 1988 provides that where CASA is empowered to issue directions, it may do so in Civil Aviation Orders.

 

Directions under subregulation 252 (1) of CAR 1988 have been issued in Civil Aviation Order 20.11 (CAO 20.11). Paragraph 5.2.1 of CAO 20.11 provides that an aircraft that is flown over water at a distance from land greater than the permitted distance must carry sufficient life rafts to provide a place in a life raft for each person on board the aircraft. The permitted distances are set out in paragraph 5.2.1.1.

 

Subsection 6 of CAO 20.11 states that an aircraft required to carry life rafts under paragraph 5.2.1 must carry emergency signalling equipment. This equipment includes emergency locator transmitters (ELTs). In the case of an aircraft required to carry more than 1 life raft, it must also carry an approved ELT and an approved portable ELT, or 2 approved portable ELTs. The expressions approved ELT and approved portable ELT are defined in paragraph 6.7 of CAO 20.11 as having the same meanings as in subregulation 252A (7) of CAR 1988, being an eligible ELT that meets the requirements set out in subregulation 252A (5) or (6), whichever is applicable.

 

Subregulation 252A (7) defines eligible ELT as meaning an emergency locator transmitter, emergency positioning radio beacon or personal locator beacon that meets the requirements mentioned in subregulation 252A (4). Paragraph 252A (4) (b) requires an ELT to be registered with the Australian Maritime Safety Authority (AMSA).

 

Under regulation 11.160 of CASR 1998, an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

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.

 

Instrument

Instrument CASA EX63/14 commenced on 1 August 2014 and exempted operators and pilots in command of high-capacity aircraft from compliance with regulation 252 of CAR 1988, with respect to paragraph 6.6 of CAO 20.11. Paragraph 6.6 of CAO 20.11 states that an approved ELT, or approved portable ELT, carried on an aircraft must be registered with AMSA before it is used. In the case of high-capacity regular public transport aircraft, or highcapacity charter aircraft, that have not yet been delivered to their operator, it is not practicable to register their approved ELTs, or approved portable ELTs, before delivery because they are embedded in a slide/raft package. Registration would require the ELT to be unpacked and then sent back to the manufacturer for repacking after registration and entry of the Australian code. The delivery crew do not have the means to carry out this task.

 

Under subregulation 252A (2) of CAR 1988, aircraft that are on a flight for a purpose associated with its manufacture, preparation or delivery are exempt from compliance with having to carry, under regulation 252A, approved ELTs, or approved portable ELTs, that are in working order. It should also be noted that exempted aircraft, as defined in subregulation 252A (7), do not have to comply with regulation 252A. The exempted aircraft include high-capacity aircraft. It is CAO 20.11 that makes the regulation 252A requirements applicable to those aircraft. As a result, the exemption is from that CAO.

 

Notably, instrument CASA EX63/14 did not otherwise exempt operators and pilots in command from subregulation 252A (7) of CAR 1988 in relation to the definition of approved ELT or approved portable ELT which both mean an eligible ELT that meets the requirements of subregulation 252A (4). Under paragraph 252A (4) (b), an eligible ELT must be registered with AMSA. Because CASA EX63/14 did not include an exemption from paragraph 252A (4) (b), there was some ambiguity as to whether the exemption was completely effective. To resolve this ambiguity, this instrument repeals and replaces CASA EX63/14 and includes an exemption from paragraph 252A (4) (b).

 

Legislative Instruments Act

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.

 

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. This instrument affects the operation of paragraph 6.6 of CAO 20.11. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

 

 

Consultation

In September 2014, industry asked CASA to review CASA EX63/14 to ensure there was no inconsistency between the requirement in paragraph 252A (4) (b) of CAR 1988 and the exemption from paragraph 6.6 of CAO 20.11. After an internal review, CASA decided that, to avoid ambiguity, the exemption should be reissued to include paragraph 252A (4) (b) of CAR 1988. The purpose and function of the instrument has not changed but has improved with industry feedback. It is CASA’s view that it is not necessary or appropriate to undertake any 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 exemption has been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

The instrument commences on the day of registration and expires at the end of July 2017, as if it had been repealed by another instrument.

 

[Instrument number CASA EX123/14]

 

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Exemption from requirement to register an emergency locator transmitter
with the Australian Maritime Safety Authority

 

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 legislative instrument exempts a high-capacity regular public transport or charter aircraft and the pilot in command of that aircraft from compliance with paragraph 6.6 of Civil Aviation Order 20.11 and paragraph 252A (4) (b) of the Civil Aviation Regulations 1988 which require emergency locator transmitters carried on the aircraft to be registered with the Australian Maritime Safety Authority. The exemption applies, for practical reasons, when the aircraft is on a flight associated with its manufacture, preparation for delivery or delivery to its operator.

 

The exemption is subject to conditions imposed by CASA in the interest of air safety, including that fare-paying passengers are not to be carried on flights taking advantage of the exemption.

 

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

Overview

The Civil Aviation Safety Regulations 1998 were enacted to provide comprehensive safety regulations for civil aviation in Australia, addressing the need for stringent safety measures to protect passengers, crew, and the general public. These regulations were introduced under the authority of the Civil Aviation Act 1988, enabling the Civil Aviation Safety Authority (CASA) to issue regulations for the safety of air navigation. The primary objective of this legislation is to ensure that all aviation operations in Australia adhere to high safety standards. One specific issue these regulations address is the requirement for emergency locator transmitters (ELTs) to be registered with the Australian Maritime Safety Authority (AMSA) before they are used on aircraft. However, in practical terms, it is not always feasible to register these devices before aircraft delivery, particularly for high-capacity aircraft where ELTs are embedded in slide/raft packages. This legislative instrument amends the earlier exemption CASA EX63/14 to clarify and resolve ambiguity regarding the registration requirement of ELTs. Specifically, it exempts operators and pilots in command of high-capacity aircraft from the necessity to register their ELTs with AMSA before delivery, thereby facilitating the timely delivery of these aircraft. This amendment ensures that the exemption aligns with the broader regulatory framework, maintaining safety standards while addressing practical delivery challenges. The instrument is subject to disallowance under the Legislative Instruments Act 2003, reflecting its legislative significance.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 provide regulatory authority for the Civil Aviation Safety Authority (CASA) to manage air safety and navigation within Australia. Specifically, the instrument CASA EX123/14 issued on the 1st of August 2014, exempts operators and pilots in command of high-capacity aircraft from certain requirements regarding emergency locator transmitters (ELTs). This exemption applies when the aircraft are on a flight associated with their manufacture, preparation for delivery, or delivery to their operator, as it is not practicable to register the ELTs before delivery due to their embedded nature in a slide/raft package. The exemption is subject to CASA-imposed conditions in the interest of air safety, including the restriction of fare-paying passengers on flights taking advantage of the exemption. The instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, and it is compatible with human rights as it does not engage any applicable rights or freedoms. The exemption ceases at the end of July 2017.

Key Provisions

The primary provisions of this legislation, specifically CASA EX123/14, pertain to exemptions from certain registration requirements for emergency locator transmitters (ELTs) carried on high-capacity aircraft during their manufacture, preparation, or delivery (section 11.160, CASR 1998). The instrument grants an exemption to operators and pilots in command of these aircraft from the need to register the ELTs with the Australian Maritime Safety Authority (AMSA) before their use, as stipulated in paragraph 6.6 of CAO 20.11 and subregulation 252A(4)(b) of CAR 1988. This exemption applies only when the aircraft is on a flight associated with its manufacture, preparation for delivery, or delivery to its operator. This legislation imposes specific obligations on the parties it governs. Operators and pilots in command of high-capacity aircraft must ensure that any exemption granted under CASA EX123/14 is strictly adhered to within the stipulated conditions. These conditions include ensuring that the aircraft does not carry fare-paying passengers when taking advantage of the exemption, thereby maintaining a focus on safety during the critical stages of aircraft preparation and delivery. Failure to comply with the provisions of this instrument or the underlying regulations may result in civil or criminal penalties. According to Regulation 252 of CAR 1988, any contravention of CASA’s directions regarding life-saving equipment is an offence of strict liability. This means that the burden of proof does not rest on the prosecution to establish fault; the mere act of non-compliance suffices for an offence. The penalties for such offences are not explicitly detailed in this instrument but can be severe, given the strict liability nature of the offence under CAR 1988. The legislative instrument also addresses its legal standing and oversight. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. This ensures that the instrument is scrutinised and can be overturned if found to be inconsistent with broader legislative intent or public interest. The instrument, issued by a delegate of CASA, relies on the delegation power under subregulation 11.260(1) of CASR 1998, and it is set to expire at the end of July 2017.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.