Explanatory Statement
Civil Aviation Regulations 1988
Exemption — public address system
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt an aircraft, or persons associated with the operation of an aircraft, from compliance with specified provisions of CAR 1988. Such an exemption is a disallowable instrument for section 46A of the Acts Interpretation Act 1901.
Under subregulation 308 (3) of CAR 1988, the exemption may be issued subject to such conditions as CASA considers necessary in the interests of safety.
Subregulation 207 (2) of CAR 1988 states that a person must not use an Australian aircraft in a class of operation unless it is fitted with, or carrying, equipment, including emergency equipment, that CASA has approved and directed.
Subregulation 207 (3) of CAR 1988 states that if CASA approves or directs than an instrument or item of equipment be fitted or carried on an aircraft, a person must fit, carry or use the instrument or item of equipment on an aircraft only in accordance with the directions (if any) of CASA.
Paragraph 4.3 of Civil Aviation Order 20.16.3 (CAO 20.16.3), which applies to Air Service Operations, states that when a cabin attendant is not required to be carried in an aircraft, and the passenger seating capacity is 10 seats or more, an approved and serviceable electronic public address system shall be provided to enable the pilot in command to notify passengers when a seat belt or safety harness is to be worn. The helicopters referred to in the exemption are not required to carry a cabin attendant.
Lloyd Helicopters Pty Ltd, trading as CHC Helicopters (Australia) (the operator), is exempt from compliance with subregulations 207 (2) and (3) of CAR 1988 in respect of paragraph 4.3 of CAO 20.16.3. The exemption allows the relevant helicopters to be operated without a public address system if appropriate normal and emergency procedures are established and utilised. This exemption is consistent with equivalent rules in place in the U.K. and the U.S.A. in relation to the particular models of helicopters.
The conditions of the exemption set out the normal and emergency procedures that must be followed. These involve use of an In Flight Entertainment system to address passengers or, if that system is inoperative, use of the aircraft intercom to alert a passenger in the front of the aircraft to pass on messages to the other passengers. The conditions also stipulate the maximum period of time for which the entertainment system may remain inoperative and other conditions, such as the wearing of seat belts at all times while the aircraft is in flight.
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 the instrument is a renewal of a previous instrument issued to the same operator.
The instrument commences on the day after it is registered and stops having effect at the end of June 2012.
It has been made by the Director of Aviation Safety under subsection 73 (2) of the Act.
[Instrument number CASA EX56/10]