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Legislative changes - Amendment to CAO 108.26 - Oxygen systems

Amendment to CAO 108.26 - Oxygen systems

Civil Aviation Amendment Order (No. 16) 2002 (26K Adobe Acrobat file)

Explanatory Statement

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.

Subregulation 252 (1) of the Civil Aviation Regulations 1988 (the Regulations) provides that the Civil Aviation Safety Authority (CASA) may give directions about the provision in Australian aircraft of emergency systems and equipment, and such lifesaving equipment, as CASA considers necessary to safeguard the aircraft and persons on board the aircraft.

Section 20.4 of the Civil Aviation Orders (the Orders) sets out directions in relation to the provision and use of oxygen and protective breathing equipment.

Section 108.26 of the Orders sets out directions in relation to the specifications which must be met by oxygen systems provided under section 20.4.

The Order amends section 108.26 of the Orders by omitting or amending paragraphs which refer to the design standards for oxygen systems installed in aircraft.

Since 1990, with the introduction of automatic acceptance of foreign type certificates and the design standards applicable under them, the design standards contained in section 108.26 have become redundant.

CASA, in consultation with the Australian Transport Safety Bureau, has concluded that section 108.26 should be amended to eliminate possible confusion concerning the design standards for oxygen systems.

The specification of the operational requirements of oxygen systems installed in aircraft provided for in section 20.4 and set out in section 108.26 have been retained and remain valid.

The amendments of section 108.26 do not disadvantage any operator.

The Office of Regulation Review has stated that a Regulation Impact Statement is not required because the proposed amendments are minor and machinery in nature and will not substantially alter existing arrangements.

The Order came into effect on notification in the Gazette.

The Order has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.