Civil Aviation Order 103.11 Repeal Order 2007

Overview

The Civil Aviation Order 103.11 Repeal Order 2007 was enacted to address the issue of outdated design standards for cargo restraint equipment in aircraft, as outlined in Civil Aviation Order 103.11 (CAO 103.11). The Civil Aviation Act 1988 provides the framework for safety regulations in aviation, and the Civil Aviation Order 103.11, which set standards for items such as structural containers, pallets, nets, and ropes, was found to be outdated. This repeal order was introduced to streamline and modernise the regulatory framework by revoking the outdated CAO 103.11 and aligning it with the current practices under regulation 21.305 of the Civil Aviation Safety Regulations 1998. The order was enacted by the Acting Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) and is subject to the Legislative Instruments Act 2003, which governs the tabling and disallowance of legislative instruments in Parliament. The Office of Best Practice Regulation determined that a Regulation Impact Statement was not necessary due to the minimal impact on business compliance costs resulting from the revocation.

Scope and Application

The Civil Aviation Order 103.11 Repeal Order 2007 revokes Civil Aviation Order 103.11 (CAO 103.11), which contained outdated design standards for cargo restraint equipment used in aircraft. This legislation applies to aircraft operators, manufacturers, and suppliers of cargo restraint equipment such as structural containers, pallets, nets, and ropes, and the Civil Aviation Safety Authority (CASA), which is responsible for the safety oversight of these components. The repeal aligns with the updated safety standards and regulatory processes under the Civil Aviation Safety Regulations 1998. The revocation of CAO 103.11 is jurisdictional in scope, applying across the Commonwealth of Australia. The Order does not apply to equipment that was already approved under CAO 103.11 prior to its revocation, provided it remains installed on the aircraft at the time of the repeal. The Order is subject to the Legislative Instruments Act 2003, making it a disallowable instrument, though consultation under section 17 of the LIA was not necessary in this case as the Order merely revokes outdated standards. The instrument commences on the day following its registration.

Key Provisions

The Civil Aviation Order 103.11 Repeal Order 2007, under subsection 98(1) of the Civil Aviation Act 1988, enables the Governor-General to make regulations concerning the Act and the safety of air navigation. Specifically, this Order revokes Civil Aviation Order 103.11 (CAO 103.11), which previously contained design standards for cargo restraint equipment, such as structural containers, pallets, nets, and ropes used in aircraft. Now, the Civil Aviation Safety Authority (CASA) approves these components under regulation 21.305 of the Civil Aviation Safety Regulations 1998. This transition reflects the need for updated standards to ensure the safety of air navigation. The Order imposes specific obligations on CASA and other parties governed by the Civil Aviation Act. CASA must now approve cargo restraint equipment under regulation 21.305 of CASR 1998, rather than referring to the outdated standards in CAO 103.11. Manufacturers, operators, and other entities involved in the design and use of cargo restraint equipment must ensure compliance with CASA's updated approval processes. This change ensures that all cargo restraint equipment meets current safety standards, thereby enhancing the overall safety of air navigation. Failure to comply with the provisions of this Order could result in various civil or criminal consequences. Under regulation 21.305 of CASR 1998, non-compliance with CASA's approval requirements could lead to enforcement actions, including fines and other penalties. The maximum penalties for breaches of the Civil Aviation Act and associated regulations can vary, but they may include substantial fines for individuals and corporations. Such consequences underscore the importance of adhering to CASA's updated approval processes for cargo restraint equipment. This Order is subject to the Legislative Instruments Act 2003, which classifies it as a disallowable instrument due to its revocation of a previous order. Under the LIA, the Order must be tabled and can be subject to disallowance by Parliament, ensuring parliamentary oversight of regulatory changes. Additionally, the Office of Best Practice Regulation has determined that this Order does not require a Regulation Impact Statement, as it is expected to have only a low impact on business compliance costs. This decision reflects the relatively minor nature of the changes brought about by the revocation of CAO 103.11.