Explanatory Statement
Civil Aviation Safety Regulations 1998
Revocation of exemption from requirements for emergency locator transmitters and portable distress beacons — instrument CASA EX33/08
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.
CAR 1988 requirements for emergency locator transmitters (ELTs)
Under subregulation 252A (1) of the Civil Aviation Regulations 1988 (CAR 1988), the pilot in command of relevant Australian aircraft may begin a flight only if the aircraft is fitted with an approved ELT that is in working order, or has an accessible approved portable ELT that is in working order.
CAO 20.11 requirements for ELTs
Civil Aviation Order 20.11 (CAO 20.11) deals, among other things, with emergency and life-saving equipment, including flights over water. Under paragraph 6.1, if life rafts are required to be carried on an aircraft, the aircraft must also carry 1 or more ELTs operating on frequencies 121.5 MHz and 243 MHz. They must be approved ELTs, under regulation 252A of CAR 1988, and be stowed so as to facilitate their ready use in an emergency.
Under paragraph 6.2 of CAO 20.11, single engine aircraft on flight over water, without communications equipment and not required to carry a life raft, must carry an ELT operating on frequencies 121.5 MHz and 243 MHz. It must be an approved ELT under regulation 252A of CAR 1988 and be stowed so as to facilitate its ready use in an emergency.
Exemption power
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998, CASA may, in relation to a particular aircraft, or a specified type or category of aircraft, exempt the aircraft, or persons in, on or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988.
Legislative Instruments Act
The previous instrument CASA EX33/08 was registered and by operation of section 3 of the Legislative Instruments Act 2003 (the LIA) the instrument is a legislative instrument. The repeal instrument is, therefore, legislative and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Formal consultation under section 17 of the LIA has not been undertaken. This instrument revokes a previous instrument CASA EX33/08.
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 delegation
The instrument comes into effect on the day after registration.
The revocation has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX48/12]