Civil Aviation Order 100.7 Amendment Order (No. 2) 2007

Overview

The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the aviation industry. One of the issues addressed by this Act is the periodic weighing of aircraft to establish their weight and centre of gravity, which is crucial for safety compliance. The Civil Aviation Order 100.7 Amendment Order (No. 2) 2007, issued by the Civil Aviation Safety Authority (CASA) under the authority of the Act, was introduced to correct errors in the previous amendment concerning the application of weighing requirements to balloons. This amendment clarifies that the order no longer applies to any type of balloon, and it rectifies a citation error that previously referred to the wrong regulation. The objective of this amendment is to avoid any doubt about the application of weighing requirements and to ensure the accuracy and clarity of the regulatory framework. The amendment was developed in consultation with the Professional Ballooning Association of Australia and was subject to parliamentary oversight as a legislative instrument under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Order 100.7 Amendment Order (No. 2) 2007 amends the Civil Aviation Order 100.7 to clarify and correct its scope and application, particularly concerning the exclusion of balloons from the periodic weighing requirements for aircraft. This amendment applies to any balloon, ensuring that CAO 100.7 no longer pertains to hot air balloons or any other type of balloon. The amendment rectifies a citation error in the original CAO 100.7 Amendment Order (No. 1) 2007, which incorrectly referenced regulation 157 instead of the correct regulation 235 of the Civil Aviation Regulations 1988. The amendment is designed to avoid any ambiguity regarding the applicability of CAO 100.7 and to streamline the regulatory framework by establishing a distinct CAO, specifically CAO 100.96, for the weighing of hot air balloons. This amendment is made under the authority of the Civil Aviation Act 1988 and is subject to the provisions of the Legislative Instruments Act 2003, including the requirement for tabling and disallowance in the Parliament.

Key Provisions

The Civil Aviation Order 100.7 Amendment Order (No. 2) 2007 amends the Civil Aviation Order 100.7 (CAO 100.7) by clarifying that balloons are excluded from the scope of the CAO. This amendment specifically addresses an error in the original CAO 100.7 Amendment Order (No. 1) 2007, where the exclusion of hot air balloons was intended but incorrectly referenced under regulation 157 of the Civil Aviation Regulations 1988 (CAR 1988) instead of regulation 235. The new CAO 100.7 Amendment Order (No. 2) 2007 corrects this oversight by clearly stating, “In this Order, aircraft does not include a balloon,” and it appropriately places this exclusion in a separate subsection within CAO 100.7. Under the amended CAO 100.7, it is imperative that all relevant parties, including aircraft operators and maintenance personnel, adhere to the new exclusion of balloons from the periodic weighing requirements previously outlined in CAO 100.7. This amendment ensures that balloons are no longer subject to these specific regulations, thereby aligning the legal framework with the operational realities and safety considerations unique to balloons. These parties must ensure their practices comply with the new provisions, particularly in how they document and report aircraft weights and centres of gravity, excluding balloons from the scope of CAO 100.7. Failure to comply with the directions issued under subregulation 235(1) of CAR 1988, as amended by the new CAO 100.7 Amendment Order (No. 2) 2007, may result in legal consequences. Subregulation 235(2A) of CAR 1988 explicitly states that it is an offence to contravene any direction given by the Civil Aviation Safety Authority (CASA). The penalties for such offences are not detailed within the CAO itself but would typically involve fines or other penalties as prescribed by the Civil Aviation Act 1988 or other applicable legislation. The legislative process for the new CAO 100.7 Amendment Order (No. 2) 2007 involved consultation with relevant stakeholders, including the Professional Ballooning Association of Australia (PBAA), through the CASA/PBAA Joint Technical Committee. This consultation ensured that the amendment effectively addressed the intended exclusion of balloons from the weighing requirements while considering the practical implications for industry stakeholders. The Office of Best Practice Regulation (OBPR) determined that a Regulation Impact Statement was not necessary due to the low anticipated impact on business compliance costs. Finally, the amendment was issued by the Director of Aviation Safety and took effect on the day after its registration, in accordance with the requirements of the Civil Aviation Act 1988.