Civil Aviation Order 103.16 Repeal Order 2007

Overview

The Civil Aviation Order 103.16 Repeal Order 2007 was introduced to address the need to update and replace outdated safety standards in the Civil Aviation Act 1988. This Order revokes Civil Aviation Order 103.16, which previously set standards for hand portable fire extinguishers, as these standards have been superseded by the more recent Airworthiness Directive AD/GENERAL/65. The Order was enacted to ensure that aviation safety regulations remain current and effective, thereby safeguarding the safety of aircraft and persons on board. The repeal was made under the authority granted by subsection 98(1) of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for aviation safety. The Order was made by the Acting Director of Aviation Safety on behalf of CASA, and it is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Order 103.16 Repeal Order 2007 applies to the revocation of Civil Aviation Order 103.16, which previously set standards for hand portable fire extinguishers. This Order is made under the authority of the Civil Aviation Act 1988, specifically under subsection 98(1) which allows for the making of regulations concerning aviation safety. The repeal of CAO 103.16 is intended to update the standards with those now contained in Airworthiness Directive AD/GENERAL/65. This Order applies to any entities or individuals involved in the operation, maintenance, or certification of aircraft in Australia, including aircraft manufacturers, operators, and maintenance service providers. The geographic reach of the Order is national, applying across all states and territories of Australia. The Order does not specify any exclusions, exemptions, or thresholds but extends its application through the subordinate instrument mechanism, where CAOs are treated as disallowable instruments under the Legislative Instruments Act 2003. The revocation of CAO 103.16 is justified by the availability of updated standards in AD/GENERAL/65, and the Office of Best Practice Regulation has determined that the impact on business compliance costs is low, thus no Regulation Impact Statement was required.

Key Provisions

The Civil Aviation Order 103.16 Repeal Order 2007 (the Order) revokes Civil Aviation Order 103.16 (CAO 103.16) concerning standards for hand portable fire extinguishers. This repeal is in line with 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, including the issuance of standards for safety equipment on aircraft. Regulation 252 of the Civil Aviation Regulations 1988 grants the Civil Aviation Safety Authority (CASA) the authority to issue directions on emergency systems, equipment, and life-saving equipment necessary for aircraft safety. CAO 103.16, which specified standards for hand portable fire extinguishers, is being replaced by a more updated standard detailed in Airworthiness Directive AD/GENERAL/65. The Order imposes specific obligations on entities governed by the Civil Aviation Act 1988, particularly those related to the installation and maintenance of safety equipment on aircraft. With the revocation of CAO 103.16, entities must now adhere to the standards set forth in Airworthiness Directive AD/GENERAL/65 for hand portable fire extinguishers. This change necessitates a review and potentially an update of the equipment installed on aircraft to ensure compliance with the new standards. The Office of Best Practice Regulation (OBPR) has determined that a Regulation Impact Statement is not required for this repeal, as the impact on business compliance costs is minimal. In terms of consequences for non-compliance, the Civil Aviation Order 103.16 Repeal Order 2007 does not introduce new offences or penalties. However, failure to comply with the updated standards for hand portable fire extinguishers as mandated by Airworthiness Directive AD/GENERAL/65 could result in regulatory action by CASA. This could include enforcement measures, fines, or other penalties as stipulated under the Civil Aviation Act 1988. The Order itself, being a legislative instrument, is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. However, consultation under section 17 of the LIA was not undertaken as the Order merely revokes an outdated regulation.