Civil Aviation Order 100.5 Amendment Order (No. 1) 2008

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2008L00598 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Civil Aviation Order 100.5 Amendment Order (No. 1) 2008

 

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.

 

Subregulation 30B (1) of the Civil Aviation Regulations 1988 (CAR 1988) permits the Civil Aviation Safety Authority (CASA), by notice in writing, to require the holder of a certificate of approval to notify CASA of the happening of an event specified in the notice within a specified period. In accordance with subregulation 30B (2), events specified in the notice must be events that CASA thinks might adversely affect the carrying out of activities covered by the certificate of approval.

 

Under regulation 38 of CAR 1988, CASA may give directions relating to the maintenance of Australian aircraft for the purpose of ensuring the safety of air navigation.

 

Subregulation 42A (6) of CAR 1988 permits CASA to declare in writing that a manufacturer’s maintenance schedule, that CASA thinks is inadequate, must not be used as an aircraft’s maintenance schedule.

 

Under regulation 43 of CAR 1988, CASA may issue directions relating to maintenance releases in respect of Australian aircraft, including directions relating to their issue, their retention and transfer and the period for which they may remain in force.

 

Under subregulation 50A (2) of CAR 1988, CASA may issue directions relating to Australian aircraft log books, covering how they are to be kept and when they are to be made available to CASA and persons engaged in maintenance on the aircraft.

 

Under regulation 50B of CAR 1988, CASA may approve the use of an alternative to an Australian aircraft log book or a section of a log book, subject to such conditions as CASA considers necessary for the safety of air navigation.

 

Under regulation 50C of CAR 1988, CASA may give directions in relation to the retention and transfer of aircraft maintenance records and the making and keeping of aircraft maintenance records.

 

Under regulation 232A of CAR 1988, CASA may give directions in relation to the operation of a computer on an aircraft or the entry of data into, and verification of data in, the computer on the aircraft.

 

Civil Aviation Order (CAO) 100.5 contains requirements based on all the provisions quoted above. These requirements relate to the use of log books or alternatives, the retention of aircraft maintenance records, issue of maintenance releases, the replacement of time-lifed components and the notification to CASA of certain events.

 

With the development of Global Navigation Satellite System (GNSS) receivers, the complexity of maintaining the navigational databases has decreased to the extent that in most cases it is achieved with the simple insertion of a data transfer device (data card or disk or similar devise).

 

The Amendment to CAO 100.5 is to ensure that if the pilot in command of an aircraft meets certain requirements he or she can install updates on a GNSS receiver as part of its maintenance. The conditions for doing so include that the pilot in command is authorised under CAO 40.2.1 to use the GNSS and satisfies the requirement in paragraph 13.7 of that CAO. The pilot in command must also ensure that the data used is supplied by an organisation approved by CASA to provide the data.

 

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 Amendment 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. The Amendment Order is intended to facilitate the updating of the navigational database by allowing the pilot in command to carry it out, subject to meeting the specified conditions. The Office of Best Practice Regulation has been consulted and has agreed to the amendment proceeding.

 

The instrument commences on the day after it is registered.

 

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

 

[Civil Aviation Order 100.5 Amendment Order (No. 1) 2008]

 

Overview

The Civil Aviation Order 100.5 Amendment Order (No. 1) 2008 was enacted to address the evolving complexity of maintaining navigational databases in the aviation sector, particularly with the advent of Global Navigation Satellite System (GNSS) receivers. This amendment to the Civil Aviation Order 100.5 aims to facilitate the updating of GNSS receivers by allowing pilots in command to perform these updates as part of aircraft maintenance, provided they meet specific conditions such as being authorised to use the GNSS and ensuring that the data used is from an organisation approved by the Civil Aviation Safety Authority (CASA). This amendment was made under the authority granted by section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to create regulations for the safety of air navigation. The objective of this amendment is to streamline the process of updating navigational databases, enhancing the safety and efficiency of air navigation operations. The Order was made by the Director of Aviation Safety on behalf of CASA and is subject to the Legislative Instruments Act 2003, meaning it is a disallowable instrument and must be tabled and can be disallowed by the Parliament.

Scope and Application

The Civil Aviation Order 100.5 Amendment Order (No. 1) 2008 amends the Civil Aviation Order 100.5, which pertains to the maintenance of aircraft, specifically addressing the updating of navigational databases on Global Navigation Satellite System (GNSS) receivers. This amendment applies to pilots in command of aircraft who are authorised to use GNSS receivers and who meet the specified conditions outlined in Civil Aviation Order (CAO) 40.2.1 and paragraph 13.7 of that CAO. The regulation allows these pilots to install updates on GNSS receivers as part of their aircraft’s maintenance, provided that the data used comes from an organisation approved by the Civil Aviation Safety Authority (CASA). The amendment is intended to streamline the process of updating navigational databases and is subject to the broader regulatory framework established by the Civil Aviation Regulations 1988. This legislative instrument is a disallowable instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in the Parliament. The amendment aims to facilitate the updating of navigational databases by allowing pilots to perform this task, subject to compliance with the specified conditions.

Key Provisions

The Civil Aviation Order (CAO) 100.5 Amendment Order (No. 1) 2008 amends the Civil Aviation Order 100.5 to accommodate the use of Global Navigation Satellite System (GNSS) receivers in aircraft. Specifically, the amendment allows the pilot in command of an aircraft to install updates on a GNSS receiver as part of its maintenance, provided that certain conditions are met. These conditions include that the pilot is authorised under CAO 40.2.1 to use the GNSS and satisfies the requirements outlined in paragraph 13.7 of that CAO. Additionally, the pilot must ensure that the data used for the update is supplied by an organisation approved by the Civil Aviation Safety Authority (CASA) to provide such data. Under the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) has several powers and responsibilities. For instance, under regulation 38, CASA can give directions relating to the maintenance of Australian aircraft to ensure the safety of air navigation. Subregulation 42A(6) allows CASA to declare that a manufacturer’s maintenance schedule deemed inadequate must not be used as an aircraft’s maintenance schedule. Moreover, CASA can issue directions relating to maintenance releases (regulation 43), aircraft log books (subregulation 50A(2)), and the retention and transfer of aircraft maintenance records (regulation 50C). Furthermore, CASA can also give directions concerning the operation of a computer on an aircraft and the entry and verification of data (regulation 232A). CAO 100.5 incorporates these regulatory provisions. The amendment imposes certain obligations on the parties involved. Pilots in command of aircraft who wish to update the navigational database of their GNSS receivers must be authorised under CAO 40.2.1, meet the specified requirements in paragraph 13.7 of that CAO, and ensure that any data used for the update is supplied by an organisation approved by CASA. Failure to adhere to these conditions could result in non-compliance with the regulations, potentially affecting the safety of air navigation. The Act does not specify any direct penalties for the breach of the provisions related to the amendment of CAO 100.5. However, general contraventions of the Civil Aviation Act 1988 can result in substantial penalties. For example, under section 262 of the Act, a person who contravenes a provision of the Act or the regulations can be subject to a fine of up to $22,200 for an individual and up to $111,000 for a body corporate. Additionally, under section 263, a person who engages in reckless conduct that endangers an aircraft can be subject to imprisonment for up to five years, or both imprisonment and a fine. These penalties underscore the importance of compliance with aviation safety regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.