Federal Register of Legislation - Australian Government

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R3/2004 Orders/Civil Aviation as made
Replacement of section 20.4 of the Civil Aviation Orders
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 21 Feb 2005
Tabling HistoryDate
Tabled HR10-Feb-2005
Tabled Senate10-Feb-2005
Gazetted 08 Dec 2004

EXPLANATORY STATEMENT

 

CIVIL AVIATION REGULATIONS 1988

 

CIVIL AVIATION ORDERS

 

REVOCATION AND REPLACEMENT OF SECTION 20.4

 

PROVISION AND USE OF OXYGEN

AND PROTECTIVE BREATHING EQUIPMENT

 

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 as the Civil Aviation Safety Authority (CASA) approves or directs.

 

Subregulation 207 (3) of CAR 1988 states that any such instruments or equipment must be fitted, carried or used only in accordance with the directions (if any) of CASA.

 

Under subregulations 207 (2) and (3) of CAR 1988, section 20.4 of the Civil Aviation Orders contained directions relating to the provision and use of oxygen and protective breathing equipment. It contained directions on procedures to be followed by the flight crew, as well as directions on the amount of oxygen to be carried and standards applicable to the equipment to be used.

 

This Order revokes and remakes section 20.4.  This has been done as part of a scheme to review the Civil Aviation Orders, and, in particular, to ensure that they are in a position to meet the technical requirements of the Legislative Instruments Act 2003 when it comes into effect on 1 January 2005.  The remake does not involve any changes in existing law or policy in the Order.  The Order is being remade solely for the purpose of ensuring compliance and consistency with the Legislative Instruments Act 2003 when it commences on 1 January 2005.  However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.

 

The Office of Regulation Review has stated that a Regulation Impact Statement is not necessary because the remake is of a minor or machinery nature.

 

The Order has been issued by the Director of Aviation Safety in accordance with subsection 84A (2) of the Civil Aviation Act 1988.

 

The Order came into effect on gazettal.

 

[Civil Aviation Amendment Order (No. R3) 2004]