Civil Aviation Order 100.17 Repeal Order 2007

Overview

The Civil Aviation Order 100.17 Repeal Order 2007 was enacted to address the redundancy of Civil Aviation Order 100.17, which was no longer necessary for ensuring the safety of air navigation. The repeal of this order was authorised under the Civil Aviation Act 1988, with the objective of streamlining regulations and maintaining up-to-date safety standards in the aviation sector. The order was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), in accordance with the authority granted under the Act. This legislative action is categorised as minor and of a machinery nature, hence it did not require a Regulation Impact Statement or consultation as per the requirements of the Legislative Instruments Act 2003. The order was declared a disallowable instrument under the LIA and therefore subject to tabling and disallowance in the Parliament. The repeal came into effect the day after its registration.

Scope and Application

The Civil Aviation Order 100.17 Repeal Order 2007 pertains to the repeal of Civil Aviation Order 100.17, which was previously issued under the authority of the Civil Aviation Act 1988. This Act applies to the regulation of civil aviation within Australia, governing various aspects of aviation operations, safety, and maintenance. The repealed Order, originally created to provide specific directions concerning the maintenance of Australian aircraft to ensure the safety of air navigation, is no longer necessary, leading to its repeal. The repeal does not require a Regulation Impact Statement, as it is classified as a minor or machinery change. The Civil Aviation Order 100.17 Repeal Order 2007 is a legislative instrument subject to the tabling and disallowance provisions of the Legislative Instruments Act 2003. The Director of Aviation Safety made this Order on behalf of the Civil Aviation Safety Authority (CASA) in accordance with the Act. This repeal signifies that the specific maintenance directions previously outlined in Civil Aviation Order 100.17 are no longer applicable, reflecting changes in regulatory requirements or the incorporation of such provisions into other regulatory frameworks.

Key Provisions

The primary focus of the Civil Aviation Order 100.17 Repeal Order 2007 is the repeal of Civil Aviation Order 100.17, which was previously used to issue directions relating to the maintenance of Australian aircraft. According to Section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General has the authority to make regulations, and under Subregulation 38(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) can give directions concerning the maintenance of Australian aircraft to ensure the safety of air navigation. Regulation 5 of CAR 1988 further stipulates that CASA can issue these directions through Civil Aviation Orders (CAOs), which is how Civil Aviation Order 100.17 was originally created. However, the Order is now repealed because it is no longer necessary. The Civil Aviation Order 100.17 Repeal Order 2007 mandates that Civil Aviation Order 100.17 be removed from the legislative framework. This repeal signifies that the specific regulatory mechanism that once guided the maintenance of Australian aircraft is no longer in effect, streamlining the regulatory process and potentially updating it to reflect current safety standards or practices. The repeal order is significant in ensuring that the regulatory framework remains efficient and relevant, adapting to changes in aviation safety requirements and operational practices. Under the Legislative Instruments Act 2003 (LIA), the Repeal Order is classified as a legislative instrument due to its disallowable nature, as per subsection 98(5) of the Act. This classification means that the Repeal Order is subject to the legislative scrutiny processes outlined in the LIA, including tabling and potential disallowance in Parliament, as per sections 38 and 42 of the LIA. The instrument was issued by the Director of Aviation Safety on behalf of CASA, in line with subsection 84A(2) of the Act, ensuring that the authority to make such regulatory changes is exercised appropriately. The Repeal Order does not require a Regulation Impact Statement because the changes are of a minor or machinery nature, meaning they do not significantly affect the rights, obligations, or liabilities of individuals or entities. Furthermore, consultation under section 17 of the LIA was not deemed necessary for this minor repeal. The instrument becomes effective on the day following its registration, marking the formal removal of Civil Aviation Order 100.17 from the legislative framework. This repeal ensures that the regulatory environment is kept up-to-date and aligned with the evolving needs of the aviation industry.