Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 100.17 Repeal Order 2007
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Subregulation 38 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give directions relating to the maintenance of Australian aircraft for the purpose of ensuring the safety of air navigation.
Regulation 5 of CAR 1988 provides that where CASA is empowered to issue directions, it may issue those directions in Civil Aviation Orders (CAOs).
The direction has been issued in the form of Civil Aviation Order 100.17. The Order is repealed as it is no longer required.
A Regulation Impact Statement is not necessary because the repeal is of a minor or machinery nature.
Legislative Instrument Act
Under subsection 98 (5) of the Act, where the regulations provide for certain instruments to be issued in the form of CAOs, such CAOs are declared to be disallowable instruments. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The Repeal Order is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken as the instrument is of a minor or machinery nature.
The Order has been made by the Director of Aviation Safety on behalf of CASA in accordance with subsection 84A (2) of the Act.
The instrument comes into effect on the day after it is registered.
[Civil Aviation Order 100.17 Repeal Order 2007