Civil Aviation Order 100.6 Repeal Instrument 2011

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

Legislation au F2011L02390 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Act 1988

Civil Aviation Order 100.6 Repeal Instrument 2011

 

Purpose

The purpose of Civil Aviation Order 100.6 Repeal Instrument 2011 (the CAO repeal) is to repeal an obsolete section of the Civil Aviation Orders (CAOs), taking account of the enactment of Subpart 21.M of the Civil Aviation Safety Regulations 1998 (CASR 1998) and the repeal of regulations 35 and 36 of the Civil Aviation Regulations 1988 (CAR 1988).

 

Legislative background

Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.

 

Under subsection 98 (5) of the Act, the regulations may provide that CASA may issue a CAO containing a direction, instruction or notification.

 

Under subregulation 35 (1) of CAR 1988, a person could apply to the Civil Aviation Safety Authority (CASA) or an authorised person for approval of the design of a modification or repair of an aircraft or aircraft component or a type of aircraft or aircraft component. Under subregulation 35 (2), an applicant was required to furnish to CASA or the authorised person such evidence relating to the design as CASA or the authorised person required, and satisfy CASA or the authorised person that the design conformed with any relevant design standard.

 

Under subregulation 36 (1) of CAR 1988, a person could apply to CASA or an authorised person for approval of an aircraft component or type of aircraft component as a replacement for another aircraft component or type of aircraft component. Under subregulation 36 (2), an applicant was required to furnish to CASA or the authorised person such evidence relating to the suitability of the proposed replacement component as CASA or the authorised person required, and satisfy CASA or the authorised person that the design of the component conformed with any relevant design standard.

 

Amendments to regulations

The Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1) (CACASAR 2011 (No. 1)) commenced on 27 June 2011 and inserted Subpart 21.M into CASR 1998. Subpart 21.M of CASR 1998 sets out the requirements for the issue of modification/repair design approvals. CACASAR 2011 (No. 1) also amended Subpart 21.K of CASR 1998, which prescribes requirements for the approval of certain materials, parts, processes and appliances, including modification and replacement parts. CACASAR 2011 (No. 1) also repealed regulations 35 and 36 of CAR 1988.

 

CAO 100.6

Under regulation 5 of CAR 1988, wherever CASA is empowered or required under CAR 1988 to issue any direction, instruction or notification, CASA may generally do so in CAOs.

 

Civil Aviation Amendment Order (No. R84) 2004 (also known as F2005B00927) revoked and remade section 100.6 of the CAOs. Section 100.6 set out the procedure to be followed by an applicant under regulations 35 and 36 of CAR 1988. It also set out the drawings, specifications and other documents that had to accompany the application.

 

Acts Interpretation Act 1901 (the AIA)

Under subsection 33 (3) of the AIA, in conjunction with section 13 of the Legislative Instruments Act 2003 (the LIA), if regulations confer a power to make an instrument, then, unless the contrary intention appears, the power includes the power to repeal the instrument in like manner and subject to like conditions, if any, as the instrument may be made. Therefore, CASA is empowered to repeal a CAO in like manner and subject to like conditions, if any, as a CAO may be made.

 

This CAO repeal instrument repeals section 100.6 of the CAOs, under regulation 5 of CAR 1988 and subsection 33 (3) of the AIA. This has been done because section 100.6 of the CAOs is no longer required following the repeal of regulations 35 and 36 of CAR 1988, and the commencement of Subpart 21.M of CASR 1998 and the amendments to Subpart 21.K of CASR 1998.

 

The LIA

Under subsection 98 (5AAA) of the Act, a CAO issued under a regulation made under subsection 98 (5) is a legislative instrument.

 

Made under regulations 35 and 36 of CAR 1988, and implicitly under regulation 5 of CAR 1988, CAO 100.6 was, therefore, a legislative instrument. The repeal of such a legislative instrument is also itself a legislative instrument under section 5 of the LIA and subject to registration, tabling and disallowance in the Parliament under sections 24, 38 and 42 of the LIA.

 

Consultation

For section 17 of the LIA, consultation on the amendments in CACASAR 2011 (No. 1) was undertaken through the joint CASA/industry Standards Consultative Committee (SCC), the SCC Certification Standards Sub‑committee and SCC Maintenance Standards Sub‑committee. The initial consultation with these Committees took place in November 2009 and then again on the redrafted regulations in March 2011. The draft regulations were also provided for comment directly to industry delegates and authorised persons approving modifications and repairs.

 

CASA received several responses to the consultation drafts and all comments were evaluated and incorporated, as appropriate, into the regulations. In general, the comments indicated that the proposal was acceptable to industry. As a result of these consultations, a number of amendments were made to the regulations.

 

The repeal of CAO 100.6 is a natural consequence of the repeal of regulations 35 and 36 of CAR 1988 by CACASAR 2011 (No. 1), as the practical operation of CAO 100.6 is dependent on the existence of those regulations.

 

Office of Best Practice Regulation (OBPR)

The legislative changes in CACASAR 2011 (No. 1) did not affect the current industry practices. A Regulatory Impact Statement Exemption (reference number 10087) was obtained from OBPR for CACASAR 2011 (No. 1). OBPR assessed the impacts of the proposal as nil or low and that the preparation of a Regulation Impact Statement was not required. The repeal of CAO 100.6 is a natural consequence of the legislative changes in CACASAR 2011 (No. 1).

 

Commencement and making

The CAO repeal commences on the day after registration.

 

The CAO repeal has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

[Civil Aviation Order 100.6 Repeal Instrument 2011]

Overview

The Civil Aviation Order 100.6 Repeal Instrument 2011 (CAO repeal) was introduced to repeal an obsolete section of the Civil Aviation Orders (CAOs), specifically section 100.6, in light of the enactment of Subpart 21.M of the Civil Aviation Safety Regulations 1998 (CASR 1998) and the repeal of regulations 35 and 36 of the Civil Aviation Regulations 1988 (CAR 1988). The CAO repeal was enacted to align with these legislative changes and streamline aviation safety regulations. This repeal was authorised under subsection 98(5) of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act, and regulation 5 of CAR 1988, which empowers the Civil Aviation Safety Authority (CASA) to issue Civil Aviation Orders (CAOs). The policy objective was to ensure that the Civil Aviation Orders remain relevant and effective in regulating aviation safety, following the introduction of new regulations and the repeal of outdated ones. The CAO repeal was made by the Director of Aviation Safety on behalf of CASA and came into effect upon registration.

Scope and Application

The Civil Aviation Order 100.6 Repeal Instrument 2011 (CAO repeal) is a legislative instrument that repeals an obsolete section of the Civil Aviation Orders (CAOs) to align with recent regulatory changes under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. This repeal follows the enactment of Subpart 21.M of the Civil Aviation Safety Regulations 1998 and the repeal of regulations 35 and 36 of the Civil Aviation Regulations 1988, which pertained to the approval of aircraft modification and repair designs and the replacement of aircraft components. The CAO repeal applies to individuals and entities involved in the design, modification, or repair of aircraft or aircraft components, as well as those responsible for ensuring compliance with aviation safety standards. The instrument's repeal of section 100.6 of the CAOs is a direct consequence of these regulatory changes, and it removes the procedural requirements that were previously outlined in that section. The CAO repeal operates nationally across Australia, as it is an instrument made under the authority of the Civil Aviation Act 1988, which is a Commonwealth Act. The repeal does not introduce any exclusions or exemptions but rather clarifies the legislative framework by removing outdated provisions. The application of the CAO repeal may be extended or restricted through subordinate instruments, but this specific instrument focuses on the repeal of an obsolete CAO section.

Key Provisions

The Civil Aviation Order 100.6 Repeal Instrument 2011 (CAO repeal) pertains to the repeal of an outdated section of the Civil Aviation Orders (CAOs), in light of the new Subpart 21.M in the Civil Aviation Safety Regulations 1998 (CASR 1998) and the repeal of regulations 35 and 36 in the Civil Aviation Regulations 1988 (CAR 1988). The main operative sections of this instrument are those that address the repeal of section 100.6 of the CAOs, which had previously outlined the procedures for design approval and replacement of aircraft components (section 5 of CAR 1988). The CAO repeal effectively removes these requirements, aligning with the new regulatory framework. The Act imposes several obligations on the parties and entities it governs, including ensuring compliance with the new regulatory requirements set out in Subpart 21.M of CASR 1998. This includes the submission of applications for design approvals and component replacements in accordance with the updated procedures. The repeal also requires industry stakeholders to adhere to the new standards and practices established by the Civil Aviation Safety Authority (CASA). The Office of Best Practice Regulation (OBPR) has confirmed that these changes do not affect existing industry practices, indicating a seamless transition to the new regulatory environment. There are no specific offences, penalties, or consequences outlined in the CAO repeal itself, as it primarily serves to repeal an outdated section of the CAOs. However, any failure to comply with the new regulations introduced by Subpart 21.M of CASR 1998 may result in enforcement actions under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Penalties for non-compliance can include fines and other sanctions, as prescribed by these regulations. The Civil Aviation Safety Authority retains the authority to take appropriate action against entities or individuals found to be in breach of the safety standards and requirements. The CAO repeal is a legislative instrument made under the authority granted by the Civil Aviation Act 1988 and the Legislative Instruments Act 2003. It has been subject to consultation with industry stakeholders through various committees and direct engagement with industry delegates. The feedback received during these consultations was largely positive, indicating acceptance of the proposed changes. The repeal of CAO 100.6 is a direct consequence of the legislative amendments made in the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 1), which have streamlined the regulatory process for design approvals and component replacements in the aviation sector.

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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.