Civil Aviation Amendment Order (No. R3) 2004 - Civil Aviation Order 20.4 - Provision & use of oxygen & protective breathing equipment (02/12/2004)

Overview

The Civil Aviation Amendment Order (No. R3) 2004 amends the Civil Aviation Orders by revoking and replacing section 20.4 of the Civil Aviation Orders, which concerns the provision and use of oxygen and protective breathing equipment. Enacted in 2004 by the Director of Aviation Safety under the authority granted by the Civil Aviation Act 1988, the Order aims to ensure that the Civil Aviation Orders are consistent and compliant with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. This legislative action was taken to update outdated references and to introduce gender-neutral wording into the Order without altering existing law or policy. The Office of Regulation Review determined that a Regulation Impact Statement was unnecessary, given the minor nature of the changes.

Scope and Application

The Civil Aviation Amendment Order (No. R3) 2004, which revokes and remakes section 20.4 of the Civil Aviation Orders, applies to all persons and entities involved in the operation of Australian aircraft, particularly those who must comply with the Civil Aviation Regulations 1988. This includes airlines, aircraft owners, flight operators, and crew members. The Order aims to ensure that all relevant parties adhere to the Civil Aviation Safety Authority’s (CASA) directives regarding the use of oxygen and protective breathing equipment on Australian aircraft. The scope of the Order is national, aligning with the Commonwealth's jurisdiction over civil aviation. Although the Order itself does not introduce new substantive laws or policies, it is instrumental in ensuring that the Civil Aviation Orders comply with the Legislative Instruments Act 2003. The remake is intended to address outdated references and update wording to be gender-neutral, without altering the existing regulatory framework. There are no exclusions or exemptions specified in this Order, and it extends its application uniformly across all relevant sectors of the aviation industry.

Key Provisions

The Civil Aviation Amendment Order (No. R3) 2004 addresses the revocation and replacement of section 20.4 of the Civil Aviation Orders (CAO), specifically concerning the provision and use of oxygen and protective breathing equipment in Australian aircraft. Subregulation 207(2) of the Civil Aviation Regulations 1988 (CAR 1988) stipulates that Australian aircraft cannot be used in any class of operations unless they are equipped with instruments and equipment approved or directed by the Civil Aviation Safety Authority (CASA). Furthermore, subregulation 207(3) mandates that these instruments and equipment must be used strictly according to CASA’s directions. Section 20.4 of the CAO, which was repealed and remade by this Order, contained detailed directives on the procedures for flight crew, the amount of oxygen to be carried, and the standards for the equipment used. This Order imposes specific obligations on the parties it governs, ensuring compliance with CASA’s directives regarding the equipment and procedures for the use of oxygen and protective breathing equipment. Operators of Australian aircraft must ensure that their aircraft are equipped with CASA-approved oxygen and protective breathing equipment and that this equipment is used according to CASA’s directions. This includes adhering to procedures outlined by CASA for the operation and maintenance of this equipment, ensuring that flight crews are trained in its use, and maintaining records of equipment checks and maintenance as required by CASA. Failure to comply with the provisions of this Order can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with CASA directions can lead to civil penalties. The maximum penalty for an individual found guilty of a contravention is $16,500, while the maximum penalty for a body corporate is $82,500. In addition to financial penalties, non-compliance can also lead to enforcement actions by CASA, such as the suspension or revocation of an aircraft’s certificate of airworthiness, which can have serious operational implications for the aircraft operator. These stringent measures underscore the importance of adhering to the safety standards set by CASA for the provision and use of oxygen and protective breathing equipment.