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]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide a comprehensive regulatory framework for civil aviation in Australia, ensuring safety and order in the sector. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations relating to the safety of air navigation, and subregulation 308(1) of the CAR 1988 enables the Civil Aviation Safety Authority (CASA) to exempt aircraft and associated persons from specified provisions of the regulations. This legislative mechanism allows for tailored safety measures to be implemented when necessary. In this context, the exemption in question allows a specialist team in helicopter bungy jumping to operate at Martins Dam between 2 and 12 November 2007, as part of a television production. The exemption specifically relieves the pilot in command from the requirement not to drop objects from the aircraft, under strict conditions designed to maintain safety. This exemption is subject to tabling and disallowance in the Parliament, as it is considered a disallowable instrument under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) issued under the Civil Aviation Act 1988 provide a framework for ensuring the safety of air navigation. Section 98 of the Act empowers the Governor-General to make regulations regarding air navigation safety, and under subregulation 308(1) of the CAR 1988, the Civil Aviation Safety Authority (CASA) has the authority to exempt certain aircraft or individuals associated with aircraft operations from specific provisions of the regulations. This exemption process can be subject to conditions deemed necessary for safety, as outlined in subregulation 308(3). Regulation 150 of CAR 1988 prohibits the dropping of objects from an aircraft, but an exemption has been granted for a helicopter bungy jumping operation conducted by The Helicopter Service Australia Pty Ltd between 2 and 12 November 2007 at Martins Dam. This exemption, detailed in Schedule 1 of the instrument, stipulates conditions to ensure the safety of the bungy jump, including the requirement for an experienced pilot and the use of specified equipment. This exemption, being a disallowable instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in Parliament, although consultation under section 17 of the LIA was not pursued due to the highly specific nature of the exemption. The exemption is effective from 2 November 2007 until 12 November 2007.
Key Provisions
The key operative sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this exemption are section 98, subregulation 308, and regulation 150. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act, including those concerning the safety of air navigation. Subregulation 308(1) of CAR 1988 provides that the Civil Aviation Safety Authority (CASA) may exempt an aircraft or persons associated with the operation of an aircraft from specified provisions of CAR 1988, subject to conditions deemed necessary for safety as specified by CASA in subregulation 308(3). Regulation 150 of CAR 1988 states that the pilot in command of an aircraft must not permit anything to be dropped from the aircraft.
The Act imposes obligations on the parties involved, primarily ensuring that the bungy jumping operation is conducted safely and in compliance with specified conditions. The exemption from regulation 150 allows the bungy jumper to leave the cabin of the helicopter and conduct a bungy jump from its undercarriage, but only if the operation adheres to the conditions specified in Schedule 1 of the instrument. These conditions include requirements for the helicopter to be suitable, the pilot to be experienced, the manner of conducting the jump, and the equipment to be used. Additionally, the bungy jumper must be informed of the nature of the operation.
There are potential consequences for non-compliance with the conditions outlined in the exemption. Although specific offences and penalties are not detailed in the provided text, the exemption is declared to be a disallowable instrument under subregulation 308(4) of CAR 1988. Under the Legislative Instruments Act 2003, a disallowable instrument is subject to tabling and disallowance in the Parliament. Furthermore, any breach of the conditions specified in the exemption could lead to regulatory action by CASA, potentially resulting in the revocation of the exemption or other enforcement measures.