Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 103.24 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 very high frequency communications transmitting equipment. These design standards have been issued in Civil Aviation Order 103.24 (CAO 103.24).
CAO 103.24 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 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 However, the opportunity has been taken to update outdated references to legislation and titles in the Order and to introduce gender-neutral wording into the Order.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 103.24 Instrument 2007]
Overview
The Civil Aviation Order 103.24 Instrument 2007 amends Civil Aviation Order 103.24, which pertains to very high frequency communications transmitting equipment, to ensure compliance with the Legislative Instruments Act 2003. This Act was enacted to provide a framework for the making and operation of legislative instruments, ensuring that they are properly drafted, registered, and publicly accessible. The Civil Aviation Order 103.24 Instrument 2007 is a legislative instrument that has been remade to align with the requirements of the Legislative Instruments Act 2003, particularly focusing on updating outdated references and introducing gender-neutral wording. This legislative instrument was made by the Director of Aviation Safety, on behalf of the Civil Aviation Safety Authority (CASA), under the authority granted by section 84A(2) of the Civil Aviation Act 1988. It is subject to tabling and disallowance in the Parliament as a disallowable instrument under section 98(5) of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Order 103.24 Instrument 2007, which pertains to very high frequency communications transmitting equipment, applies to any aircraft components manufactured, maintained, or altered within Australia. This includes aircraft operators, manufacturers, maintenance service providers, and other relevant entities within the aviation industry. The geographic reach of this Order is national, as it pertains to all operations occurring within Australia's jurisdiction, including its territories. The Order does not introduce new laws or policies but serves to update existing regulations to ensure compliance with the Legislative Instruments Act 2003 and to introduce gender-neutral wording. Notably, the remake of this Order does not necessitate consultation or a Regulation Impact Statement, as it is classified as a minor or machinery nature change under the Legislative Instruments Act 2003. The instrument is subject to tabling and disallowance in the Parliament, reflecting its legislative character as a Civil Aviation Order declared to be a disallowable instrument.
Key Provisions
The Civil Aviation Order 103.24 Instrument 2007 (CAO 103.24) is a regulation under the Civil Aviation Act 1988 (section 98), which empowers the Governor-General to make regulations for the Act and the safety of air navigation. Specifically, subregulation 21A(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to issue design standards for aircraft components for which no design standards are in force. CAO 103.24 pertains to design standards relating to very high frequency communications transmitting equipment for aircraft. This Order was made to ensure compliance with the Legislative Instruments Act 2003 (LIA) and does not introduce any new laws or policies but updates outdated references and introduces gender-neutral wording.
The CAO 103.24 sets forth specific obligations and requirements for entities involved in the design, manufacture, and maintenance of very high frequency communications transmitting equipment for aircraft. These requirements are designed to ensure the safety and reliability of such equipment, thereby contributing to the overall safety of air navigation. Compliance with these design standards is mandatory for any party involved in the production or maintenance of the specified aircraft components. Failure to adhere to these standards could potentially compromise the safety of air navigation, leading to serious repercussions.
In terms of consequences for non-compliance, the Civil Aviation Act 1988 and the associated regulations do not explicitly state specific offences or penalties within the CAO 103.24 itself. However, under the broader framework of the Act, non-compliance with aviation regulations can result in significant legal and financial penalties. The Civil Aviation Act 1988 provides for various offences and penalties, including fines and imprisonment, depending on the severity and nature of the breach. Additionally, CASA has the authority to take enforcement actions such as grounding aircraft, imposing fines, and taking legal action against non-compliant entities. The specific penalties would depend on the particular breach and the discretion of the courts in applying the Act.