I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under paragraph 28BA (1) (b) and subsection 98 (4A) of the Civil Aviation Act 1988.
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
17 December 2010
Civil Aviation Order 82.5 Amendment Order (No. 3) 2010
1          Name of instrument
            This instrument is the Civil Aviation Order 82.5 Amendment Order (No. 3) 2010.
2          Commencement
            This instrument commences on the day after it is registered.
3          Amendment of Civil Aviation Order 82.5
            Schedule 1 amends Civil Aviation Order 82.5.
Schedule 1          Amendment
[1]       After subsection 11
insert
12        Obligation to preserve cockpit voice recorder and flight data recorder records
12.1     This subsection applies if:
(a)   there is an immediately reportable matter or a foreign immediately reportable matter for an aircraft; and
(b)   there is a cockpit voice recorder or flight data recorder record for the matter.
Note 1   See section 18 of the Transport Safety Investigation Act 2003 (the TSI Act) for the requirement to report an immediately reportable matter.
Note 2   Under section 24 of the TSI Act, it is an offence to hinder an investigation under the Act.
Note 3   Under subsection 43 (1) of the TSI Act, the Chief Commissioner of the Australian Transport Safety Bureau (ATSB) may direct that specified things, or things in a specified class, must not be removed or interfered with except with his or her permission. Under subsection 43 (3) of the Act, contravention of a direction is an offence.
12.2     Each AOC holder must preserve cockpit voice recorder and flight data recorder records (the records) in accordance with this subsection.
Note   This paragraph does not affect the obligations that exist under the TSI Act, or relevant foreign legislation to report immediately reportable matters, or foreign immediately reportable matters, to the responsible authority.
12.3     The AOC holder must ensure that the records are preserved as follows:
(a)   if the responsible authority notifies the holder that the records need not be preserved — until the date the notification is given to the holder; or
(b)   if the responsible authority notifies the holder that the records must be preserved until a date stated in the notice — until the stated date, or until a later stated date if a second or subsequent notification is given to the holder before the previous notification expires; or
(c)   if the responsible authority does not notify the holder as mentioned in subparagraph (a) or (b) within the 30 days after the matter occurred — until the end of the 30 days.
Note 1  Notification may be in writing, or if oral, may be confirmed in writing. Use of electronically recorded communications on the official telephone line enables the responsible authority to communicate its decision immediately, if appropriate, while providing factual evidence that the decision was communicated.
Note 2   ATSB has procedures to ensure that its communications on the official telephone line are acknowledged as understood.
12.4     The holder must ensure that, despite paragraph 12.2, a person on board the holder’s aircraft must not disable or switch off the aircraft’s cockpit voice recorder or flight data recorder during flight.
12.5     In this subsection:
            foreign immediately reportable matter means a matter relating to the safety of transport by means of an aircraft that must be reported to an authority of a foreign country under a law of that country.
            immediately reportable matter has the meaning given by subsection 3 (1) of the TSI Act.
            notifies means informs orally or in writing.
            official telephone line means the telephone line that is:
(a)   nominated by the relevant responsible authority for reporting immediately reportable matters or foreign immediately reportable matters; and
(b)   published in an official aeronautical information publication.
Note   For example, the nominated official telephone line for reporting immediately reportable matters to the ATSB is toll-free call 1800 011 034 as published in the AIP.
            responsible authority means:
(a)   for an immediately reportable matter — the ATSB established by section 12 of the TSI Act; or
(b)   for a foreign immediately reportable matter — the authority responsible for investigation of such matters in the foreign country concerned.