Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 100.37 Instrument 2007
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 174A (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue instructions specifying the radiocommunication systems and radio navigation systems that must be carried on an aircraft in V.F.R. flight.
Under subregulation 177 (1) of CAR 1988, CASA may issue instructions specifying the radiocommunication systems and radio navigation systems that must be carried on an aircraft in V.F.R. flight. The instructions may be issued in Civil Aviation Orders (the CAOs). The instructions have been issued in Civil Aviation Order 100.37 (CAO 100.37).
CAO 100.37 was made before 1 January 2000 and under the Legislative Instruments Act 2003 (the LIA) the Order must be lodged with the Federal Register of Legislative Instruments before 31 December 2007. The Order is being remade solely for the purpose of ensuring compliance and consistency with the LIA and does not involve any changes in existing law or policy in the Order. However, the opportunity has been taken to update outdated references to legislation and titles in the Order and to introduce gender-neutral wording into the Order.
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 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 remake 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 a remake of an existing instrument solely for the purposes of the LIA and is of a minor or machinery nature.
Office of Best Practice Regulation (OBPR)
OBPR does not require a Regulation Impact Statement because the remake 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 commences on the day after it is registered.
[Civil Aviation Order 100.37 Instrument 2007]
Overview
The Civil Aviation Order 100.37 Instrument 2007 is a remake of the Civil Aviation Order 100.37, which was originally made under the Civil Aviation Act 1988. This Order was enacted to ensure compliance with the Legislative Instruments Act 2003, which mandates that legislative instruments made prior to the Act's commencement must be lodged with the Federal Register of Legislative Instruments. The remake of the Order does not introduce any changes to the existing law or policy but aims to update outdated references and incorporate gender-neutral language. The Civil Aviation Order 100.37 pertains to the radiocommunication and radio navigation systems that must be carried on aircraft in Visual Flight Rules (VFR) flight, as specified under the Civil Aviation Regulations 1988. This Order is a legislative instrument and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The instrument was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) and commenced on the day after it was registered.
Scope and Application
The Civil Aviation Order 100.37 Instrument 2007, which was remade to comply with the Legislative Instruments Act 2003, pertains to the requirements for radiocommunication and radio navigation systems on aircraft operating under Visual Flight Rules (VFR). This instrument applies to aircraft operators, pilots, and other relevant entities within the aviation industry in Australia. Its geographic scope is nationwide, aligning with the overarching Civil Aviation Act 1988, which governs civil aviation safety across the Commonwealth. The remake of the Order does not introduce any changes to existing laws or policies but ensures that outdated references and terminology are updated, including the adoption of gender-neutral language. The instrument is a legislative one, subject to tabling and disallowance in Parliament, and it comes into effect on the day after its registration. Given that this is a minor remake for compliance and consistency with the Legislative Instruments Act, consultation with stakeholders was deemed unnecessary.
Key Provisions
The Civil Aviation Order 100.37 Instrument 2007, under section 98 of the Civil Aviation Act 1988, empowers the Governor-General to make regulations regarding the safety of air navigation. These regulations specifically pertain to the radiocommunication and radio navigation systems that must be carried on an aircraft during Visual Flight Rules (VFR) flight. Subregulation 174A(1) and subregulation 177(1) of the Civil Aviation Regulations 1988 (CAR 1988) further allow the Civil Aviation Safety Authority (CASA) to issue detailed instructions on these required systems, which are subsequently published in Civil Aviation Orders (CAOs). These instructions are now encapsulated in CAO 100.37, ensuring that all relevant aircraft comply with the specified requirements.
The obligations under CAO 100.37 mandate that all aircraft operating under VFR must be equipped with the radiocommunication and radio navigation systems as specified by CASA. This includes ensuring that all necessary equipment is not only on board but also in proper working condition. Operators are required to keep records and documentation that attest to the compliance of their aircraft with these regulations. This obligation extends to maintaining updated and accurate records of any modifications or replacements of the specified systems to ensure ongoing compliance.
Failure to adhere to the provisions outlined in CAO 100.37 can result in significant consequences. Under section 98(5) of the Civil Aviation Act 1988, the Order is a disallowable instrument, meaning that it is subject to disallowance in Parliament. Additionally, non-compliance with the requirements can lead to civil penalties, including fines and potential revocation of operating permits. In cases of severe non-compliance, criminal charges may also be pursued, with penalties potentially including imprisonment. The exact penalties depend on the severity and circumstances of the breach, but they underscore the importance of strict adherence to the regulations.