EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
Exemption — Carriage of life rafts
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, that aircraft from compliance with specified provisions of CAR 1988.
Subregulation 252 (1) provides that CASA may give directions about the necessary life-saving equipment to be carried on Australian aircraft.
Regulation 5 of CAR 1988 provides that where CASA is empowered to issue directions, it may do so in Civil Aviation Orders (the CAOs).
Directions under subregulation 252 (1) have been issued in CAO 20.11. Paragraph 5.2.1 of that Order 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.
Except in the case of certain more powerful aircraft and aircraft engaged in extended range operations, the permitted distance from land is the lesser of 120 minutes at normal cruising speed or 400 miles (paragraph 5.2.1.1 of CAO 20.11). That distance is the maximum comparable distance set by the International Civil Aviation Organisation (ICAO Annex 6, Part I, paragraph 6.5.3.1).
The instrument exempts Boeing 737 aircraft, operated by Virgin Blue Airlines Pty Ltd between the aerodromes of Sydney, Melbourne, Adelaide and Perth, from the requirement to carry life rafts. In the interests of safety, a condition has been imposed on the operator — the aircraft must only operate within the lesser of 120 minutes at normal cruising speed or 400 nautical miles from an adequate aerodrome.
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 under section 17 of the LIA has not been undertaken in this case. The instrument renews an exemption previously issued to the operator for specific activities during a specific period. It is also similar to other instruments issued to other operators.
The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments. The instrument stops having effect at the end of August 2007.
The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX31/05]