Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 103.21 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 radio communications and navigation equipment. These design standards have been issued in Civil Aviation Order 103.21 (CAO 103.21).
CAO 103.21 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 However, the opportunity has been taken to update outdated references to legislation and titles in the Order and to introduce gender-neutral wording into the Order.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 103.21 Instrument 2007]
Overview
The Civil Aviation Order 103.21 Instrument 2007 was enacted to ensure compliance with the Legislative Instruments Act 2003 and to update outdated references to legislation and titles in the existing Civil Aviation Order 103.21. This Order, which deals with design standards for aircraft components such as radio communications and navigation equipment, was originally made before 1 January 2000 and needed to be updated to meet the requirements of the Legislative Instruments Act 2003, which mandates that such instruments must be lodged with the Federal Register of Legislative Instruments. The remake of this Order is a legislative instrument that is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003. The Order was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority, ensuring alignment with the Civil Aviation Act 1988 and maintaining the safety standards for air navigation.
Scope and Application
The Civil Aviation Order 103.21 Instrument 2007, made under Section 98 of the Civil Aviation Act 1988, pertains to the regulation of aircraft components, specifically radio communications and navigation equipment. This Order applies to all persons and entities involved in the design, manufacture, and maintenance of aircraft components in Australia. It sets forth design standards for radio communications and navigation equipment, ensuring compliance with safety and operational requirements. The geographic scope of the Order is national, applying across all states and territories of Australia. It does not introduce new substantive changes to existing law or policy but updates technical references and incorporates gender-neutral language for consistency. The Order is a legislative instrument under the Legislative Instruments Act 2003 and is subject to tabling and disallowance in Parliament. Given its nature as a minor remake to ensure compliance with the Legislative Instruments Act, consultation and a Regulation Impact Statement were not required. The Order is issued by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) and comes into effect on the day following its registration.
Key Provisions
Section 98 of the Civil Aviation Act 1988 (the Act) grants the Governor-General the authority to create regulations, including those concerning the safety of air navigation (s 98). In accordance with subregulation 21A(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) has the ability to issue design standards for aircraft components when no such standards currently exist. CASA has exercised this power by issuing design standards for radio communications and navigation equipment, which are detailed in Civil Aviation Order 103.21 (CAO 103.21).
The obligations imposed by the Civil Aviation Order 103.21 Instrument 2007 include the requirement for CASA to ensure that all design standards issued for aircraft components, particularly those for radio communications and navigation equipment, meet the safety and operational standards necessary for air navigation. This involves updating technical references and ensuring compliance with the Legislative Instruments Act 2003 (LIA). Additionally, the Order mandates that any new design standards must be lodged with the Federal Register of Legislative Instruments and be subject to the disallowance provisions in the LIA. The Order's purpose is to ensure that it adheres to the LIA while maintaining consistency and updating outdated references.
Failing to comply with the design standards stipulated in CAO 103.21 could result in significant safety risks, potentially leading to civil or criminal liability under the Act. Although the remake of the Order is of a minor or machinery nature, it is subject to tabling and disallowance in Parliament under sections 38 and 42 of the LIA. This means that CASA must ensure that the updated Order does not introduce any new legal or policy changes beyond what is necessary for compliance with the LIA. Any breach of these regulations could result in penalties as prescribed by the Civil Aviation Act 1988 or other relevant laws.