Civil Aviation Order 100.7 Amendment Order (No. 1) 2007

Overview

The Civil Aviation Order 100.7 Amendment Order (No. 1) 2007 was enacted to address a specific issue regarding the regulation of hot air balloons under the existing Civil Aviation Order 100.7. This legislation amends CAO 100.7 to exclude hot air balloons from the periodic weighing requirements for aircraft, recognising the unique nature of balloon operations and their distinct safety considerations. The Civil Aviation Order 100.7 originally set out the requirements for the periodic weighing of aircraft to establish their weight and centre of gravity, but these requirements were not suitable for hot air balloons, which operate very differently from other types of aircraft. The Amendment Order was issued by the Director of Aviation Safety under the authority provided by subsection 84A(2) of the Civil Aviation Act 1988, and it is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. This change was the result of consultation between the Civil Aviation Safety Authority (CASA) and the Professional Ballooning Association of Australia (PBAA), who agreed that it was more effective to create separate regulations for hot air balloons rather than altering the existing order. The Office of Best Practice Regulation determined that this amendment would have a low impact on business compliance costs, thus not requiring a Regulation Impact Statement.

Scope and Application

The Civil Aviation Order 100.7 Amendment Order (No. 1) 2007 applies to the Civil Aviation Act 1988 and specifically amends the Civil Aviation Regulations 1988 to modify the application of Civil Aviation Order 100.7. This amendment exempts hot air balloons from the requirements for periodic weighing of aircraft to establish their weight and centre of gravity, recognising the significant differences in how balloons are handled compared to other aircraft types. The amendment seeks to ensure that safety standards are maintained while accommodating the unique characteristics of hot air balloons. The changes are intended to benefit the industry without compromising safety and are effective across the Commonwealth of Australia, where CASA has jurisdiction. The exclusion of hot air balloons from CAO 100.7 is achieved through subordinate instruments and is not subject to disallowance under the Legislative Instruments Act 2003. The amendment is a response to consultations between CASA and the Professional Ballooning Association of Australia, reflecting a collaborative approach to regulatory adjustments.

Key Provisions

The main operative sections of the Civil Aviation Order 100.7 Amendment Order (No. 1) 2007 (the Amendment Order) relate to the modification of Civil Aviation Order 100.7 (CAO 100.7) to exclude hot air balloons from its scope. Section 2 of the Amendment Order states that CAO 100.7 is amended by removing the weighing requirements that previously applied to hot air balloons. This change is intended to better align the regulations with the unique characteristics and operational requirements of hot air balloons. The Amendment Order also includes a provision stating that the Director of Aviation Safety has issued the Amendment Order in accordance with subsection 84A(2) of the Civil Aviation Act 1988 (the Act). The Amendment Order imposes specific obligations on the Civil Aviation Safety Authority (CASA) and entities operating hot air balloons. CASA is required to issue new directions specifically tailored for the weighing of hot air balloons, as these balloons have distinct requirements compared to other aircraft types. Operators of hot air balloons are expected to comply with the new directions issued by CASA, ensuring that their balloons are weighed and maintained according to the specified standards. These obligations aim to maintain safety and regulatory compliance within the ballooning industry. The Amendment Order also includes provisions concerning the legislative process and parliamentary oversight. As a legislative instrument, the Amendment Order is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA). This ensures that the Amendment Order is subject to parliamentary scrutiny and approval, maintaining the balance between regulatory efficiency and legislative oversight. Offences and penalties under the Amendment Order are primarily concerned with compliance with the new directions issued by CASA for hot air balloons. According to subregulation 235(2A) of the Civil Aviation Regulations 1988 (CAR 1988), it is an offence to contravene a direction issued by CASA regarding the method of estimating the weight and centre of gravity of an aircraft, including hot air balloons. The maximum penalty for contravening such a direction is detailed in CAR 1988, which may include substantial fines and other legal consequences. Ensuring compliance with these directions is crucial for maintaining safety standards and avoiding legal repercussions.