Civil Aviation Order 103.15 Repeal Order 2007

Overview

The Civil Aviation Order 103.15 Repeal Order 2007 was enacted to address the issue of outdated safety standards for life rafts carried on Australian aircraft. This Order revokes Civil Aviation Order 103.15, which previously set the standards for life rafts, and allows the Civil Aviation Safety Authority (CASA) to approve new standards under an amended paragraph 5.2.5 of Civil Aviation Order 20.11. The Order was made under subsection 98(1) of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the Act and the safety of air navigation. The policy objective of the Order is to ensure that the safety equipment on Australian aircraft remains up-to-date and effective. The Order is a legislative instrument and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The Office of Best Practice Regulation determined that a Regulation Impact Statement was not required as the revocation is expected to have a low impact on business compliance costs.

Scope and Application

The Civil Aviation Order 103.15 Repeal Order 2007 is a legislative instrument that repeals Civil Aviation Order 103.15, which previously set standards for life rafts carried on Australian aircraft as part of life-saving equipment. This Order applies to any person or entity involved in the design, manufacture, supply, maintenance, or operation of life rafts for aircraft in Australia, ensuring they comply with current safety standards. The scope of this Order extends nationally, applying across all states and territories within Australia. Notably, the repeal of CAO 103.15 does not introduce any new requirements but instead paves the way for updated standards to be set by the Civil Aviation Safety Authority (CASA). The Order is a disallowable instrument under the Legislative Instruments Act 2003 and therefore subject to parliamentary scrutiny. Importantly, this repeal does not require a Regulation Impact Statement from the Office of Best Practice Regulation as it is anticipated to have a low impact on business compliance costs. The Order commences on the day following its registration and follows the amendment of Civil Aviation Order 20.11, reflecting a continuous effort to update and enhance aviation safety standards in Australia.

Key Provisions

The main sections of the Civil Aviation Order 103.15 Repeal Order 2007 address the revocation of outdated safety standards for life rafts on Australian aircraft. Specifically, regulation 252 of the Civil Aviation Regulations 1988 allowed the Civil Aviation Safety Authority (CASA) to mandate emergency and life-saving equipment on aircraft. Previously, paragraph 5.2.5 of Civil Aviation Order 20.11 required life rafts to adhere to the standards specified in Civil Aviation Order 103.15 (CAO 103.15). However, this Order revokes CAO 103.15 as its standards are outdated, and new standards will be approved by CASA under an amended paragraph 5.2.5. This Act imposes obligations on CASA to ensure that life rafts on Australian aircraft comply with current safety standards. CASA's role is to safeguard the aircraft and persons on board by providing necessary emergency and life-saving equipment. The Act also requires CASA to update and approve new standards for life rafts, ensuring they meet current safety requirements. The regulations mandate that CASA must review and approve these standards to maintain safety and compliance across the aviation industry. Failure to comply with the safety standards mandated by CASA can lead to civil or criminal penalties. The Civil Aviation Act 1988 allows for fines and potential imprisonment for breaches of safety regulations. Specifically, under section 27 of the Act, individuals or entities that do not comply with CASA’s directions regarding emergency and life-saving equipment may face penalties. The maximum penalty for non-compliance can include fines up to $22,200 for individuals and $111,000 for corporations, along with potential imprisonment terms. These stringent measures underscore the importance of adhering to safety regulations to protect passengers and crew on aircraft. The revocation of CAO 103.15 under this Order is also subject to parliamentary scrutiny. As a disallowable instrument under the Legislative Instruments Act 2003, the Order must be tabled in Parliament and may be subject to disallowance. This process ensures transparency and accountability in regulatory changes. Additionally, the Office of Best Practice Regulation (OBPR) determined that the revocation would have a low impact on business, thus not requiring a Regulation Impact Statement. This decision reflects the minimal economic burden anticipated from updating safety standards for life rafts.