Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — ARFFS AFC 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), 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 an Australian Fire Competencies (AFC) Diploma.
Under paragraph 18.1.1.10 of Manual of Standards Part 139H, all shift supervisors on staff of operational fire fighters must hold an AFC 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 an AFC Diploma.
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. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. 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 it is of a minor and machinery nature.
The instrument comes into effect on the day after it is registered. It stops having effect at the end of 31 July 2009.
The exemption has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Instrument number CASA EX39/07]