Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 103.19 Instrument 2007
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 21A (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue a design standard for an aircraft component for which no design standards are in force.
Under subregulation 21A (1) of CAR 1988, CASA has issued design standards relating to flight data recorders. These design standards have been issued in CAO 103.19.
CAO 103.19 was made before 1 January 2000 and under the Legislative Instruments Act 2003 (the LIA), the Order must be lodged with the Federal Register of Legislative Instruments before 31 December 2007. The Order is being remade solely for the purpose of ensuring compliance and consistency with the LIA and, apart from updating a reference to technical standards, does not involve any changes in existing law or policy in the Order. However, the opportunity has been taken to update outdated references to legislation and titles in the Order and to introduce gender-neutral wording into the Order.
Legislative Instrument Act
Under subsection 98 (5) of the Act, where the regulations provide for certain instruments to be issued in the form of Civil Aviation Orders (CAOs), such CAOs are declared to be disallowable instruments. Under subparagraph 6 (d) (i) of the LIA, an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The remake is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken as the instrument is a remake of an existing instrument solely for the purposes of the LIA and is of a minor or machinery nature.
Office of Best Practice Regulation (OBPR)
OBPR does not require a Regulation Impact Statement because the remake is of a minor or machinery nature.
The Order has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
The instrument commences on the day after it is registered.
[Civil Aviation Order 103.19 Instrument 2007]
Overview
The Civil Aviation Order 103.19 Instrument 2007 is a legislative instrument under the Civil Aviation Act 1988, which empowers the Governor-General to create regulations for civil aviation safety, including air navigation. This Order, issued by the Civil Aviation Safety Authority (CASA) and made by the Director of Aviation Safety, pertains specifically to design standards for aircraft components, notably flight data recorders. The Order's primary purpose is to ensure compliance with the Legislative Instruments Act 2003, which mandates that legislative instruments such as this be registered on the Federal Register of Legislative Instruments. The remake of CAO 103.19 does not alter existing law or policy but updates references to legislation, technical standards, and introduces gender-neutral language. This legislative instrument is subject to tabling and disallowance in the Parliament, although consultation and a Regulation Impact Statement were not required due to its minor and machinery nature. The instrument takes effect the day after its registration.
Scope and Application
The Civil Aviation Order 103.19 Instrument 2007 applies to the aviation industry within Australia, specifically to aircraft operators and manufacturers who are required to comply with the design standards for flight data recorders as set out in the Civil Aviation Regulations 1988. These standards were initially issued by the Civil Aviation Safety Authority (CASA) and have been updated to ensure consistency and compliance with the Legislative Instruments Act 2003. The Order is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. The remake of this Order was made solely for the purpose of ensuring compliance with the Act and involves no substantive changes to existing law or policy. Instead, the Order updates outdated references and introduces gender-neutral wording, reflecting a commitment to modernising the regulatory framework while maintaining safety standards in the aviation sector.
Key Provisions
The main operative sections of the Civil Aviation Order 103.19 Instrument 2007 (CAO 103.19) revolve around the establishment of design standards for flight data recorders, as mandated under subregulation 21A(1) of the Civil Aviation Regulations 1988 (CAR 1988). This instrument ensures that any aircraft components, specifically flight data recorders, adhere to specific design standards when no such standards are already in force. The CAO 103.19 was originally made prior to 1 January 2000 and has now been remade in compliance with the Legislative Instruments Act 2003 (LIA). This remake is primarily aimed at ensuring that the instrument remains consistent and compliant with the LIA, while also updating references to technical standards and incorporating gender-neutral language. Importantly, the remake does not introduce any changes to the existing law or policy but focuses on updating outdated references and modernizing the wording.
The obligations imposed by the CAO 103.19 on the parties it governs are primarily concerned with ensuring that flight data recorders meet the specified design standards. This includes adherence to the technical specifications and requirements outlined in the CAO 103.19. Entities such as aircraft manufacturers, maintenance organizations, and operators must ensure that their flight data recorders comply with these standards. This involves maintaining accurate records, conducting necessary inspections, and making modifications if required to meet the updated design criteria. The Civil Aviation Safety Authority (CASA) retains the authority to issue and enforce these design standards to ensure the highest safety and reliability of flight data recorders.
The CAO 103.19 does not explicitly detail specific offences or penalties for breaches of its provisions. However, any non-compliance with the Civil Aviation Regulations 1988, including failure to adhere to the design standards for flight data recorders as specified in CAO 103.19, could result in regulatory action under the Civil Aviation Act 1988. This might include administrative penalties, enforcement actions, or even prosecution for more serious breaches. The potential penalties for non-compliance with civil aviation regulations can vary, but they may include fines and other sanctions that reflect the severity and impact of the breach. Ultimately, the enforcement actions are aimed at ensuring the safety and reliability of aviation operations.