EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
APPROVAL UNDER SUBREGULATION 207 (2)
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that an Australian aircraft shall not be used in any class of operations unless it is fitted with such instruments and is fitted with or carries such equipment, including emergency equipment, as the Civil Aviation Safety Authority (CASA) approves or directs.
Subregulation 5 (1) of CAR 1988 provides that whenever CASA is empowered by CAR 1988 to give directions or approvals, it may do so in Civil Aviation Orders (the CAOs).
Section 20.18 of the CAOs sets out instruments and equipment required for Australian aircraft engaged in certain classes of operations, paragraph 6.1 of section 20.18 provides that certain aircraft referred to in the paragraph must not be flown unless equipped with an approved cockpit voice recorder system.
This approval under subregulation 207 (2) permits the aircraft VH-MSU to operate without an approved cockpit voice recorder system while being operated by the normal operator. The aircraft must, however, be equipped in all other respects, as required by section 20.18 and must not be used for training flights.
Under regulation 5A of CAR 1988, if CASA has issued a direction in the form of a CAO and later issues another direction which has the effect of amending, varying or repealing the CAO, the later instrument is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. The approval affects the operation of paragraph 6.1 and is a disallowable instrument.
No consultation has taken place. The instrument is similar to previous instrument (CASA 979/99) which expired at the end of 24 October 1999, and remakes it in modified form. This is a continuation of the current policy.
The approval has been issued by a delegate of CASA appointed under regulation 7 of CAR 1988.
The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments. It stops having effect at the end of January 2007.
[Instrument number CASA VTA 147/05]