Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 101.4 Repeal Order 2007
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under regulation 21 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue a design standard for an aircraft for which the appropriate design standard is in force.
Under regulation 5 of CAR 1988, where CASA is required or empowered to issue any direction, instruction or notification or to give any permission, approval or authority, it may issue those directions in Civil Aviation Orders (CAOs).
Civil Aviation Order 101.4 was made before 1 January 2000 and under the Legislative Instruments Act 2003 (the LIA) the Order must be lodged with the Federal Register of Legislative Instruments before 31 December 2007 or it may be repealed if no longer required.
The Order is repealed because it is no longer required. However, a saving provision has been provided to cover aircraft certificated to the standards set out in Civil Aviation Order 101.4 immediately before the commencement of this Order. These aircraft would continue to be certificated in the transport category.
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 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 Repeal 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 as the instrument is of a minor or machinery nature.
Regulation Impact Statement
A Regulation Impact Statement is not necessary because the repeal is of a minor or machinery nature.
The Repeal Order has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
The instrument commences on the day after it is registered.
[Civil Aviation Order 101.4 Repeal Order 2007]