Civil Aviation Order 103.18 Repeal Order 2007

Overview

The Civil Aviation Order 103.18 Repeal Order 2007 was introduced to address the problem of outdated standards for emergency parachutes in Australian aircraft. This legislative instrument was enacted to revoke the existing Civil Aviation Order 103.18, which contained standards for emergency parachutes that were no longer relevant given the current regulatory framework. The Order was made under subsection 98(1) of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. The objective of this Order is to ensure that aviation safety standards remain current and effective. The revocation of CAO 103.18 aligns with the contemporary regulatory approach where parachuting activities are now overseen by self-regulating bodies that issue appropriate directions. This Order, being a legislative instrument, is subject to the provisions of the Legislative Instruments Act 2003, including tabling and disallowance in Parliament. Given the low impact on business compliance costs, the Office of Best Practice Regulation deemed it unnecessary to prepare a Regulation Impact Statement for this Order.

Scope and Application

The Civil Aviation Order 103.18 Repeal Order 2007 applies to the standards for emergency parachutes previously contained in Civil Aviation Order 103.18, which is now revoked. This legislative instrument pertains to the regulation of civil aviation in Australia, specifically concerning the safety standards for emergency systems and equipment in aircraft. The repeal of CAO 103.18 reflects the current regulatory framework where parachuting is controlled by directions issued to self-regulating bodies that oversee the activity. The scope of the Order is limited to the revocation of outdated standards, with no significant impact on business compliance as assessed by the Office of Best Practice Regulation. As a legislative instrument, the Order is subject to tabling and disallowance under the Legislative Instruments Act 2003, although no consultation under section 17 of the LIA was undertaken given the nature of the repeal. The Order is effective from the day after its registration and has been made by the Acting Director of Aviation Safety on behalf of the Civil Aviation Safety Authority.

Key Provisions

The Civil Aviation Order 103.18 Repeal Order 2007 is a legislative instrument that revokes Civil Aviation Order 103.18 (CAO 103.18). CAO 103.18 previously contained standards for emergency parachutes, which are now controlled by directions issued to self-regulating bodies that manage the activity (subsection 98(1) of the Civil Aviation Act 1988). This repeal order addresses the outdated nature of CAO 103.18 in light of current regulatory practices. The primary function of this order is to eliminate redundant regulations and ensure that the standards for emergency equipment on Australian aircraft remain current and effective. The Act imposes specific obligations on the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Under regulation 252 of the Civil Aviation Regulations 1988, CASA has the authority to issue directions concerning the necessary emergency systems and equipment for aircraft, aiming to protect both the aircraft and its occupants. The repeal of CAO 103.18 aligns with these obligations by removing outdated standards and ensuring that only current, relevant directives are in effect. This regulatory update is essential for maintaining high safety standards in Australian civil aviation. The Legislative Instruments Act 2003 (LIA) classifies the Civil Aviation Order 103.18 Repeal Order 2007 as a disallowable instrument. This classification means that the order is subject to tabling and potential disallowance by the Parliament under sections 38 and 42 of the LIA (subsection 98(5) of the Act). However, since this order simply revokes an outdated order and does not introduce new regulations, consultation under section 17 of the LIA was not necessary. Furthermore, the Office of Best Practice Regulation (OBPR) determined that a Regulation Impact Statement was not required because the repeal is expected to have only a low impact on business compliance costs. There are no specific offences, penalties, or civil/criminal consequences outlined for the breach of this repeal order, as the primary focus is on regulatory alignment and safety. However, any failure to comply with CASA’s directions regarding emergency systems and equipment under regulation 252 of the Civil Aviation Regulations 1988 could result in enforcement actions by CASA, including potential fines or other regulatory penalties as stipulated by the Civil Aviation Act 1988. The repeal order itself does not introduce new penalties but ensures that only relevant and current safety directives are enforced within the aviation industry.