Civil Aviation Order 103.10 Repeal Order 2007

Overview

The Civil Aviation Order 103.10 Repeal Order 2007 was introduced to address the issue of outdated design standards for aeroplane passenger seats, which were previously governed by Civil Aviation Order 103.10 (CAO 103.10). This order revokes CAO 103.10, which is no longer applicable as the Civil Aviation Safety Authority (CASA) now approves such components under regulation 21.305 of the Civil Aviation Safety Regulations 1998. The repeal aims to ensure that aviation safety standards remain current and effective. The order was made by the Acting Director of Aviation Safety on behalf of CASA, under subsection 84A(2) of the Civil Aviation Act 1988, and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. It is noted that no consultation was required as the order merely revokes an outdated order, and a Regulation Impact Statement was not needed due to the low impact on business compliance costs.

Scope and Application

The Civil Aviation Order 103.10 Repeal Order 2007 pertains to the Civil Aviation Act 1988 and is focused on the regulation of civil aviation safety standards, specifically addressing the design standards for aeroplane passenger seats. This Order revokes Civil Aviation Order 103.10, which previously contained design standards for aeroplane passenger seats but has since become outdated. Instead, the Civil Aviation Safety Regulations 1998 now govern the approval of such components. The repeal of CAO 103.10 aims to streamline and modernise aviation safety regulations, ensuring that current standards are effectively managed under the Civil Aviation Safety Regulations 1998. This Order applies to all entities involved in the design, manufacture, and installation of aeroplane passenger seats within Australia. It carries a national jurisdictional reach, aligning with the overarching framework established by the Civil Aviation Act 1988. Any exclusions or exemptions from the application of this Order are not explicitly detailed in the provided text, however, the focus is on updating and consolidating safety standards. The Order itself is a legislative instrument and, as such, is subject to the processes outlined in the Legislative Instruments Act 2003, including the potential for disallowance by the Parliament. Given the low impact on business compliance costs, consultation under the Office of Best Practice Regulation was deemed unnecessary. The Order also includes a saving provision, ensuring that passenger seats compliant with the standards in CAO 103.10 before its revocation are still considered approved if installed before the Order's commencement.

Key Provisions

The main operative sections of the Civil Aviation Order 103.10 Repeal Order 2007 include the revocation of Civil Aviation Order 103.10 (CAO 103.10), which previously contained design standards for aeroplane passenger seats (subsection 98(1) of the Civil Aviation Act 1988). This Order is now redundant, as the Civil Aviation Safety Authority (CASA) now approves such components under regulation 21.305 of the Civil Aviation Safety Regulations 1998 (regulation 21A of the Civil Aviation Regulations 1988). This repeal is effective immediately upon the registration of the Order. The obligations imposed by this Order include the requirement for passenger seats that were compliant with CAO 103.10 immediately prior to the commencement of this Order to be considered as approved by CASA under regulation 21.305 of the Civil Aviation Safety Regulations 1998, provided they are installed on the aircraft before the commencement of this Order. This transitional provision ensures that seats already meeting the old standards continue to be legally compliant until they are replaced or removed. This Order also mandates that, as a legislative instrument, it must be tabled and is subject to disallowance in the Parliament, in accordance with the Legislative Instruments Act 2003 (subsection 98(5) of the Civil Aviation Act 1988 and subparagraph 6(d)(i) of the LIA). However, the Office of Best Practice Regulation (OBPR) has determined that a Regulation Impact Statement is not required due to the low impact of this repeal on business compliance costs. Consequently, no consultation under section 17 of the LIA was deemed necessary. The consequences of breaching this Order are not explicitly stated in the provided text. However, any failure to comply with the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 could result in civil or criminal penalties. These penalties may include fines, imprisonment, or other sanctions as prescribed by the respective legislation. The exact penalties would depend on the nature and severity of the breach, as well as any applicable provisions in the Civil Aviation Act 1988 or other related regulations.