Civil Aviation Order - 100.6 Administration and Procedure - Design Approval of Modifications, Repairs and Replacement Components (12/12/2004)

Overview

The Civil Aviation Amendment Order (No. R84) 2004, which revoked and replaced section 100.6 of the Civil Aviation Orders, was enacted to ensure that the Civil Aviation Orders comply with the technical requirements of the Legislative Instruments Act 2003, effective from 1 January 2005. This Order, issued by the Director of Aviation Safety under the Civil Aviation Act 1988, did not alter the existing law or policy but aimed to update outdated legislative references and introduce gender-neutral language. The Office of Regulation Review determined that a Regulation Impact Statement was unnecessary because the changes were minor and related to the machinery of regulation. This amendment ensures that the Civil Aviation Orders maintain consistency and compliance with modern legislative standards without imposing new substantive requirements on applicants for aircraft design approval.

Scope and Application

The Civil Aviation Amendment Order (No. R84) 2004, which revokes and remakes section 100.6 of the Civil Aviation Orders, applies to any person or entity seeking design approval from the Civil Aviation Safety Authority (CASA) or an authorised person for modifications, repairs, or replacement components of aircraft or aircraft components. This applies to all aircraft operating within Australia, encompassing both domestic and international flights. The Order ensures compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005, without altering existing law or policy. The Order also updates outdated references and introduces gender-neutral language, reflecting modern legislative standards. The remake is considered minor and of a machinery nature, hence exempt from requiring a Regulation Impact Statement. The Civil Aviation Orders are applicable nationwide, governing the procedures and requirements for obtaining design approvals in the aviation industry, thus ensuring the safety and compliance of aircraft modifications and repairs.

Key Provisions

The Civil Aviation Amendment Order (No. R84) 2004 primarily addresses the procedure for obtaining design approval for modifications, repairs, and replacement components of aircraft or aircraft components. Under subregulation 35(1) of the Civil Aviation Regulations 1988 (CAR 1988), an individual or entity may apply to the Civil Aviation Safety Authority (CASA) or an authorised person for approval of the design of such modifications, repairs, or replacement components. This application process requires the applicant to provide any evidence related to the design that CASA or the authorised person deems necessary, and to demonstrate that the design meets any relevant design standards as outlined in subregulation 35(2). Section 100.6 of the Civil Aviation Orders, which previously detailed the procedure for such applications, has been revoked and remade by this Order. The obligations imposed by this Order on the parties involved include ensuring that all necessary documentation, such as drawings, specifications, and other relevant documents, accompanies the application. The Order mandates that these documents be updated to reflect current legislative references and incorporate gender-neutral language. The objective of this amendment is to ensure the Civil Aviation Orders remain compliant and consistent with the Legislative Instruments Act 2003, which comes into effect on 1 January 2005. The Office of Regulation Review has confirmed that a Regulation Impact Statement is not necessary due to the minor nature of the changes, which do not alter existing law or policy but rather ensure technical compliance and update the Orders. Breach of the provisions outlined in this Order could result in civil or administrative penalties. While specific penalties are not detailed in the explanatory statement, it is within the purview of CASA to enforce compliance with the Civil Aviation Regulations and Orders. Failure to submit the required documentation or to adhere to the stipulated design standards could lead to the denial of the application for design approval. Additionally, ongoing non-compliance could result in more severe penalties, including fines or legal action, as determined by CASA under the applicable provisions of the Civil Aviation Act 1988.