Explanatory Statement
Civil Aviation Regulations 1988
Exemption — bungy jumping
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in relation to the safety of air navigation.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (3) provides that such an exemption may be made subject to any conditions specified by CASA as being necessary in the interests of safety.
Regulation 150 of CAR 1988 provides that the pilot in command of an aircraft must not permit anything to be dropped from the aircraft.
This instrument has been issued to allow a specialist team in helicopter bungy jumping to conduct helicopter bungy jumps at Martins Dam between 2 and 12 November 2007 from a helicopter operated by The Helicopter Service Australia Pty Ltd. The bungy jumping exercise is part of a production by the Granada Television organisation from the UK which is loosely based on the “Survivor” program.
The instrument exempts the pilot in command of the helicopter from compliance with regulation 150 of CAR 1988.
The instrument allows the bungy jumper to leave the cabin of the specified helicopter and conduct a bungy jump off its undercarriage. The operation may only be conducted in accordance with the conditions specified in Schedule 1 of the instrument. These conditions are intended to ensure that the jump is conducted from a suitable helicopter under the command of an experienced pilot. The conditions also relate to the manner in which the jump is to be conducted and the equipment that is to be used. The bungy jumper must also be informed of the nature of the operation.
Legislative Instruments Act
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
Consultation under section 17 of the LIA has not been undertaken in this case because of the highly specific nature and purpose of the instrument.
The exemption comes into effect on 2 November 2007 and stops having effect at the end of 12 November 2007.
The exemption has been made by the Deputy Chief Executive Officer, Strategy and Support, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX49/07]