CASA EX73/11 – Exemption – from requirement to register an emergency locator transmitter (ELT) with the Australian Maritime Safety Authority

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2011L01556 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — from requirement to register an emergency locator transmitter (ELT) with the Australian Maritime Safety Authority

 

Legislation

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.

 

Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to the following:

(a) matters affecting the safe navigation and operation, or the maintenance, of aircraft; or

(b) the airworthiness of, or design standards for, aircraft.

 

Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A), CASA may grant an exemption from a provision of these Regulations (including the Civil Aviation Regulations 1988 (CAR 1988)) or a provision of the Civil Aviation Orders (the CAOs) in relation to a matter mentioned in that subsection.

 

Under subregulation 11.160 (2) of CASR 1998, an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.

 

Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation.

 

Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.

 

Subregulation 252 (1) of CAR 1988 provides that CASA may give directions about the necessary life-saving equipment to be carried on Australian aircraft.

 

Regulation 5 of CAR 1988 provides that where CASA is empowered to issue directions, it may do so in Civil Aviation Orders.

 

Directions under subregulation 252 (1) of CAR 1988 have been issued in Civil Aviation Order 20.11 (CAO 20.11). Paragraph 5.2.1 of CAO 20.11 provides that an aircraft that is flown over water at a distance from land greater than the permitted distance must carry sufficient life rafts to provide a place in a life raft for each person on board the aircraft. The permitted distances are set out in paragraph 5.2.1.1.

 

Subsection 6 of CAO 20.11 states that an aircraft required to carry life rafts under paragraph 5.2.1 must carry emergency signalling equipment. This equipment includes emergency locator transmitters (ELTs). In the case of an aircraft required to carry more than 1 life raft, it must also carry an approved ELT and an approved portable ELT, or 2 approved portable ELTs. The expressions approved ELT and approved portable ELT are defined in paragraph 6.7 of CAO 20.11 as having the same meanings as in subregulation 252A (7) of CAR 1988. As a result, they have to meet the requirements set out in subregulation 252A (5) or (6), whichever is applicable.

 

Details of exemption

Paragraph 6.6 of CAO 20.11 states that an approved ELT or approved portable ELT carried on an aircraft must be registered with the Australian Maritime Safety Authority before it is used. In the case of high-capacity regular public transport aircraft, or high‑capacity charter aircraft, that have not yet been delivered to their operator, it is not practicable to register their approved ELTs, or approved portable ELTs, before delivery because they are embedded in a slide/raft package. Registration would require the ELT to be unpacked and then sent back to the manufacturer for repacking after registration and entry of the Australian code. The delivery crew do not have the means to carry out this task.

 

The exemption will allow an unregistered ELT or unregistered portable ELT to be used on high-capacity aircraft before they are delivered to the operator.

 

Under subregulation 252A (2) of CAR 1988, aircraft that are on a flight for a purpose associated with its manufacture, preparation or delivery are exempt from compliance with having to carry, under regulation 252A, approved ELTs, or approved portable ELTs, that are in working order. It should also be noted that exempted aircraft, as defined in subregulation 252A (7), do not have to comply with regulation 252A. The exempted aircraft include high-capacity aircraft. It is CAO 20.11 that makes the regulation 252A requirements applicable to those aircraft. As a result, the exemption is from that CAO.

 

Legislative Instruments Act

Under regulation 5A of CAR 1988, if CASA has issued a CAO that is not an airworthiness directive and a prescribed direction or exemption is issued, given or granted that has the effect of repealing, amending, or otherwise affecting the operation of anything in the CAO, the prescribed direction or exemption is a disallowable instrument. Because the exemption affects the operation of paragraph 6.6 of CAO 20.11, it is a disallowable instrument under regulation 5A of CAR 1988.

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. As a legislative instrument, 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. The instrument removes an anomaly between regulation 252A of CAR 1988 and CAO 20.11 that could cause practical difficulties if not dealt with. It is also a renewal of a previous exemption that expired at the end of July 2011.

 

The exemption commences on 1 August 2011. It stops having effect at the end of 31 July 2014.

 

The exemption has been made by a delegate of CASA under regulation 11.260 of CASR 1998.

 

[Instrument number CASA EX73/11]

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide regulations for the safety of air navigation, as empowered by the Civil Aviation Act 1988. An issue arose regarding the requirement for high-capacity aircraft to register their emergency locator transmitters (ELTs) with the Australian Maritime Safety Authority before delivery, which is impractical due to the ELTs being embedded in a slide/raft package. To address this issue, an exemption was introduced to allow the use of unregistered ELTs on high-capacity aircraft before they are delivered to their operators. This exemption aims to resolve the practical difficulties associated with the registration requirement. The exemption is subject to the Legislative Instruments Act 2003, and although it is a disallowable instrument, it does not require consultation under section 17 of the LIA as it removes an anomaly and renews a previous exemption. The exemption is effective from 1 August 2011 until 31 July 2014. The exemption was made by a delegate of the Civil Aviation Safety Authority (CASA) under regulation 11.260 of the CASR 1998. The policy objective is to remove a practical issue that could potentially cause difficulties in the operation of high-capacity aircraft, while still ensuring the safety of air navigation. This exemption is a legislative instrument, and as such, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by F2011L01556, provide an exemption from the requirement to register an emergency locator transmitter (ELT) with the Australian Maritime Safety Authority for high-capacity regular public transport aircraft or high-capacity charter aircraft that have not yet been delivered to their operator. This exemption applies to aircraft where the ELTs are embedded in a slide/raft package, making it impractical to register them before delivery due to the need to unpack and repack them. The exemption allows these aircraft to operate with unregistered ELTs until they are delivered to their operators, addressing a practical difficulty that could otherwise arise. This exemption is applicable nationally across Australia and is subject to conditions imposed by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. The exemption is a legislative instrument under the Legislative Instruments Act 2003 and was made by a delegate of CASA under regulation 11.260 of the Civil Aviation Safety Regulations 1998. It commences on 1 August 2011 and ceases on 31 July 2014.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include provisions that allow the Civil Aviation Safety Authority (CASA) to grant exemptions from certain requirements, such as the registration of emergency locator transmitters (ELTs) with the Australian Maritime Safety Authority (AMSA). Specifically, subregulation 11.160(1) of the CASR 1998 empowers CASA to issue exemptions from any provision of these regulations or the Civil Aviation Orders (CAOs) that pertain to the safe navigation and operation of aircraft, airworthiness, or design standards. This authority is granted under subsection 98(5A) of the Civil Aviation Act 1988 (the Act). An exemption can be granted to an individual or a class of persons, and it can include specific conditions if necessary for the safety of air navigation, as stipulated in subregulation 11.205(1) of the CASR 1998. Exemptions must be published on the internet and are generally effective for up to three years, as outlined in subregulations 11.225 and 11.230 of the CASR 1998. The obligations and requirements imposed by the Act and the CASR 1998 on the parties and entities they govern include ensuring that aircraft carry necessary life-saving equipment, such as life rafts and emergency signalling equipment, when operating over water beyond specified distances. According to subregulation 252(1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA can issue directions about such equipment, and these directions are detailed in Civil Aviation Order 20.11 (CAO 20.11). Specifically, paragraph 6.6 of CAO 20.11 mandates that approved ELTs must be registered with AMSA before use. However, the exemption in question allows high-capacity regular public transport and charter aircraft that have not yet been delivered to their operators to use unregistered ELTs due to practical difficulties in registering them before delivery. The legislation provides for specific offences, penalties, and consequences for breaches. Under the Legislative Instruments Act 2003 (LIA), any prescribed direction or exemption issued by CASA that affects the operation of a CAO is considered a disallowable instrument. This means it is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. While the exemption removes a practical difficulty by allowing the use of unregistered ELTs on high-capacity aircraft before delivery, it does not require consultation under section 17 of the LIA as it renews a previous exemption that expired at the end of July 2011. The exemption is effective from 1 August 2011 and ceases on 31 July 2014, as per the authority granted under regulation 11.260 of the CASR 1998.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.