Civil Aviation Order 101.4 Repeal Order 2007

Overview

The Civil Aviation Order 101.4 Repeal Order 2007 was introduced to address the legislative requirement under the Legislative Instruments Act 2003 to either lodge certain Civil Aviation Orders with the Federal Register of Legislative Instruments or repeal them if they are no longer necessary. The Order repeals Civil Aviation Order 101.4, which had been made prior to 1 January 2000 and was thus required to be reviewed for continued relevance or necessity before 31 December 2007. This repeal was enacted to ensure compliance with legislative requirements while also providing a saving provision for aircraft that were certificated under the standards of Civil Aviation Order 101.4 prior to its repeal, allowing such aircraft to continue to be certificated in the transport category. The Civil Aviation Order 101.4 Repeal Order 2007 was made by the Director of Aviation Safety on behalf of CASA, pursuant to the powers granted under the Civil Aviation Act 1988, and it is subject to the tabling and disallowance processes in the Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Order 101.4 Repeal Order 2007 concerns the repeal of Civil Aviation Order 101.4, which was made under the Civil Aviation Act 1988. The repeal applies to any entities or individuals who were subject to the standards set out in Civil Aviation Order 101.4 prior to its repeal. The geographic and jurisdictional reach of the repeal is within the Commonwealth of Australia, as it pertains to regulations administered by the Civil Aviation Safety Authority (CASA). The repeal does not affect aircraft that were certificated to the standards set out in Civil Aviation Order 101.4 immediately before the commencement of this Order, as a saving provision allows these aircraft to continue to be certificated in the transport category. The repeal is a legislative instrument and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The repeal was made by the Director of Aviation Safety on behalf of CASA, and consultation and a Regulation Impact Statement were not required as the instrument is of a minor or machinery nature.

Key Provisions

The Civil Aviation Order 101.4 Repeal Order 2007 addresses the repeal of Civil Aviation Order 101.4, which was issued under the Civil Aviation Act 1988 (Act). This repeal is mandated due to the Legislative Instruments Act 2003 (LIA), which requires the registration of legislative instruments, including CAOs, on the Federal Register of Legislative Instruments. Section 98 of the Act provides the authority for making regulations, and under Section 5 of the LIA, the Repeal Order is classified as a legislative instrument due to its declaration as a disallowable instrument. Despite the repeal, a saving provision ensures that aircraft certified under Civil Aviation Order 101.4 prior to the repeal can continue to be certified in the transport category. The repeal is considered minor or machinery in nature, thus exempting it from consultation and the need for a Regulation Impact Statement under the LIA. The Director of Aviation Safety, acting on behalf of CASA, made this order in accordance with subsection 84A(2) of the Act, and it took effect on the day after its registration. The Civil Aviation Order 101.4 Repeal Order 2007 imposes specific obligations on the Civil Aviation Safety Authority (CASA) and other relevant parties. CASA, as the regulatory body, must ensure that the repeal of Civil Aviation Order 101.4 does not adversely affect the certification status of aircraft already certified under the previous order. This entails maintaining records and ensuring compliance with the saving provisions outlined in the Order. For aircraft owners and operators, the obligation is to remain compliant with any ongoing requirements and standards set forth in Civil Aviation Order 101.4 until such aircraft are re-certified under the new or existing standards. CASA must also ensure that any necessary notifications or updates are communicated to the aviation community to avoid confusion or non-compliance. In terms of legal consequences, the Civil Aviation Order 101.4 Repeal Order 2007 does not specify particular offences or penalties for its breach. However, non-compliance with civil aviation regulations generally can lead to enforcement actions under the Civil Aviation Act 1988. These actions might include fines, suspension or revocation of aircraft certificates, and other administrative penalties. The maximum penalties for breaches of civil aviation regulations can vary but are typically significant, reflecting the importance of aviation safety and compliance. Given that this repeal is of a minor nature, the focus remains on ensuring a smooth transition without compromising safety standards. The Repeal Order is a legislative instrument subject to the tabling and disallowance provisions under sections 38 and 42 of the LIA. This means that the Order must be tabled in Parliament, and if either House resolves to disallow the instrument, it will not have effect. The disallowance process provides a mechanism for parliamentary oversight and ensures that the legislative instrument aligns with legislative intent. This aspect underscores the importance of legislative instruments being subject to parliamentary scrutiny, although the minor nature of this repeal exempts it from broader consultation and regulatory impact assessments. The oversight process ensures that regulatory changes are made transparently and with appropriate checks and balances, maintaining the integrity of the legislative framework governing civil aviation in Australia.