Explanatory Statement
Civil Aviation Regulations 1988
Exemption — public address system
Legislation
Section 98 of the Civil Aviation Act 1988 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.
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 aircraft referred to in the exemption is not required to carry a cabin attendant.
Subregulation 252 (1) of CAR 1988 states that CASA may give directions with respect to the provision in Australian aircraft of such emergency systems and equipment, and such life‑saving equipment, as CASA considers necessary to safeguard the aircraft and persons on board the aircraft.
Paragraph 14.1.6 of Civil Aviation Order 20.11 (CAO 20.11) states that aircraft engaged on regular public transport operations with a passenger seating capacity of 10 seats or more shall be equipped with an approved and serviceable electronic public address system for the purpose of making announcements relative to emergency procedures. The system shall be an integral part of the aircraft and shall be accessible and capable of immediate operation by the pilot in command, the co-pilot or an appropriately trained crew member. The transmission shall be audible throughout the passenger cabin.
Skytrans Pty Ltd, trading as Skytrans Airlines (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 and subregulation 252 (1) in respect of paragraph 14.1.6 of CAO 20.11. The exemption allows the relevant aircraft to be operated without a public address system if appropriate normal and emergency procedures are established and utilised.
The conditions of the exemption set out the normal and emergency procedures that must be followed.
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 similar to previous instruments issued to other operators and renews a previous instrument, CASA EX04/08, that expires at the end of 31 July 2009.
The instrument commences on 1 August 2009 and stops having effect at the end of 31 July 2010.
The instrument has been made by a delegate of CASA in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX59/09]