Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — ARFFS PST Diploma
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
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. In deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety.
Regulation 139.711 of CASR 1998 provides that a person must not provide an aerodrome rescue and firefighting service (ARFFS) at an aerodrome unless the person is approved by CASA. Airservices Australia (AA) holds a certificate of approval issued by CASA to provide ARFFS at various aerodromes.
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.
This instrument exempts AA from specified provisions relating to the requirement to ensure that all shift supervisors on a staff of operational fire fighters hold a Public Safety Training (PST) Diploma.
Under paragraph 18.1.1.10 of the Manual of Standards Part 139H, all shift supervisors on a staff of operational fire fighters must hold a PST Diploma. AA has requested an exemption from this requirement. The exemption will apply only at AA stations where there are 2 shift supervisors. In these stations, only 1 of the shift supervisors is required to have a PST Diploma.
Legislative Instruments Act
Subregulation 11.160 (1) of CASR 1998 provides that CASA may exempt a person, or class of persons, from compliance with a provision of CASR 1998. Subregulation 11.170 (3) provides that CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount. Regulation 11.205 provides that CASA may impose on an exemption any condition necessary in the interests of safety and set out that condition in an instrument of exemption.
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of persons. 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 (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 because the instrument is of a minor and machinery nature.
Human Rights Compatibility
This legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Commencement and making
The instrument comes into effect on the day after registration. It stops having effect at the end of 30 June 2015.
The exemption has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
[Instrument number CASA EX136/12]