Civil Aviation Order 103.13 Repeal Order 2007

Overview

The Civil Aviation Order 103.13 Repeal Order 2007 was enacted to address the outdated standards for life jackets specified in Civil Aviation Order 103.13, which were no longer adequate for ensuring the safety of persons on board aircraft. This order revokes CAO 103.13 and is in line with the overarching objective of the Civil Aviation Act 1988, which is to ensure the safety of air navigation. The order was made under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to create regulations for aviation safety, including the issuance of directions by the Civil Aviation Safety Authority (CASA). The repeal of CAO 103.13 facilitates the implementation of new, updated standards for life jackets by CASA under amended regulations, ensuring that life-saving equipment on aircraft meets contemporary safety requirements. The Office of Best Practice Regulation determined that a Regulation Impact Statement was not required for this repeal due to the minimal impact on business compliance costs.

Scope and Application

The Civil Aviation Order 103.13 Repeal Order 2007 applies to the standards governing life jackets carried on aircraft within Australia, specifically under the Civil Aviation Act 1988. This repeal impacts any person or entity involved in the manufacture, sale, or carriage of life jackets on aircraft, as well as the Civil Aviation Safety Authority (CASA), which is responsible for ensuring compliance with safety standards. The repeal is applicable across the Commonwealth of Australia, encompassing all Australian aircraft and related operations. The Order revokes the outdated Civil Aviation Order 103.13, which previously specified the standards for life jackets. Although the Order revokes existing standards, it does not introduce new ones; instead, CASA will approve new standards under amended regulations. The Order is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The Order does not require consultation under section 17 of the Legislative Instruments Act 2003 as it merely revokes an outdated Order, and a preliminary assessment by the Office of Best Practice Regulation indicates a low impact on business compliance costs.

Key Provisions

The Civil Aviation Order 103.13 Repeal Order 2007 (F2007L03590) revokes Civil Aviation Order 103.13 (CAO 103.13), which set the standards for life jackets used as life-saving equipment on Australian aircraft. This repeal is carried out under the authority provided by subsection 98(1) of the Civil Aviation Act 1988 (the Act), which allows the Governor-General to make regulations for the Act and the safety of air navigation. Specifically, regulation 252 of the Civil Aviation Regulations 1988 empowers the Civil Aviation Safety Authority (CASA) to issue directions concerning emergency systems, equipment, and life-saving equipment on aircraft, which currently includes life jackets. The outdated standards set by CAO 103.13 are replaced by new standards approved by CASA under an amended paragraph 5.1.6 of Civil Aviation Order 20.11. This Order imposes certain obligations on CASA and other relevant parties. CASA is required to ensure that the new standards for life jackets are in line with safety requirements and are approved under the amended regulations. Additionally, the Order mandates that the standards previously set by CAO 103.13 be considered as approved by CASA for any life jackets used as part of life-saving equipment on aircraft immediately before the commencement of this Order. This transitional provision ensures continuity in safety standards during the period of transition to the new requirements. There are no specific offences or penalties outlined within the Civil Aviation Order 103.13 Repeal Order 2007 itself. However, the non-compliance with the new standards for life jackets that CASA will approve under Civil Aviation Order 20.11 could lead to enforcement actions under the Civil Aviation Act 1988 or the Civil Aviation Regulations 1988. Such actions may include fines or other penalties as prescribed under those Acts. The maximum penalties would depend on the specific breach and the provisions of the primary legislation. The Order is a legislative instrument as declared under subsection 98(5) of the Act and is subject to the provisions of the Legislative Instruments Act 2003 (LIA). The Order is classified as a disallowable instrument, meaning it must be tabled and is subject to disallowance in the Parliament. However, because this Order merely revokes an outdated Order, consultation under section 17 of the LIA was deemed unnecessary. The Office of Best Practice Regulation (OBPR) has also determined that a Regulation Impact Statement is not required due to the low impact on business compliance costs.