Civil Aviation Order 103.22 Instrument 2007

Overview

The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to provide a comprehensive regulatory framework for the safety and efficiency of civil aviation in Australia. One of the key mechanisms under this Act is the issuance of Civil Aviation Orders (CAOs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments that enforce specific regulations and standards. The Civil Aviation Order 103.22 Instrument 2007, specifically, was remade to ensure compliance with the Legislative Instruments Act 2003, which requires all legislative instruments to be lodged with the Federal Register of Legislative Instruments. This remake did not introduce any changes to existing law or policy but aimed to update outdated references and incorporate gender-neutral wording. The remake was authorised under section 98 of the Civil Aviation Act 1988 and is subject to tabling and disallowance in the Parliament. As it involved a minor or machinery nature, consultation and a Regulation Impact Statement were not required, and the Order was made by the Director of Aviation Safety on behalf of CASA.

Scope and Application

The Civil Aviation Order 103.22 Instrument 2007, made under section 98 of the Civil Aviation Act 1988, applies to the issuance of design standards for high frequency communications transmitting and receiving equipment in aircraft. This regulation is specifically targeted at ensuring the safety of air navigation by specifying the requirements for such equipment. The Order is applicable to all entities involved in the design, manufacture, and installation of these components within Australia, as well as to the aircraft operators and maintenance organisations that must comply with these standards. The jurisdiction of this Order extends nationally across the Commonwealth of Australia, ensuring uniformity in the safety standards for aviation across all states and territories. Notably, the Order does not alter existing laws or policies but rather updates references and introduces gender-neutral language for clarity and inclusivity. As a legislative instrument, it is subject to tabling and disallowance in Parliament, reflecting the legislative oversight required for such safety-critical regulations.

Key Provisions

The Civil Aviation Order 103.22 Instrument 2007 primarily addresses the design standards for high-frequency communications transmitting and receiving equipment for aircraft. Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for aviation safety, and under subregulation 21A(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) is authorised to issue design standards for aircraft components where no existing design standards apply. This authority has been exercised to issue specific design standards for high-frequency communications equipment, which are now encapsulated in CAO 103.22. This order serves to update and modernise the legislative references and language, ensuring it aligns with contemporary legislative frameworks and practices. The obligations imposed by CAO 103.22 on the parties governed by it include compliance with the newly updated design standards for high-frequency communications equipment. This entails ensuring that any manufacturing, modification, or maintenance of such equipment adheres to the specifications and requirements outlined in the order. Additionally, entities involved in the production or servicing of these components must keep abreast of any updates or changes to the standards as stipulated in the CAO. In terms of enforcement and consequences for non-compliance, CAO 103.22 is a legislative instrument declared as a disallowable instrument under the Legislative Instruments Act 2003 (LIA). This means that it is subject to parliamentary scrutiny and can be disallowed if not met with approval. However, as this particular remake is of a minor nature and does not alter existing law or policy, it is not subject to extensive regulatory impact assessments. The penalties for non-compliance are not explicitly detailed within the CAO itself but generally involve administrative actions, fines, or other regulatory sanctions as prescribed by the Civil Aviation Act 1988 and associated regulations. The Civil Aviation Regulations 1988 outline potential penalties for breaches, which could include substantial fines and other civil or criminal liabilities depending on the severity and impact of the non-compliance.