Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 103.25 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 receiving equipment. These design standards have been issued in Civil Aviation Order 103.25 (CAO 103.25).
CAO 103.25 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 However, the opportunity has been taken to update outdated references to legislation and titles in the Order and to introduce gender-neutral wording into the Order.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 103.25 Instrument 2007]
Overview
The Civil Aviation Order 103.25 Instrument 2007 was enacted to ensure compliance and consistency with the Legislative Instruments Act 2003, with the Civil Aviation Act 1988 providing the overarching legislative framework. The Civil Aviation Order 103.25 (CAO 103.25) primarily focuses on establishing design standards for very high-frequency communications receiving equipment for aircraft, a responsibility delegated to the Civil Aviation Safety Authority (CASA) under the Civil Aviation Regulations 1988. The Order was originally issued prior to 2000 and was remade to meet the requirements of the Legislative Instruments Act 2003, which mandates the registration of legislative instruments such as CAOs before the end of 2007. This remake did not alter existing legal or policy standards but did update references to legislation, titles, and introduced gender-neutral language. The instrument is subject to parliamentary scrutiny under the Legislative Instruments Act 2003 and was made by the Director of Aviation Safety on behalf of CASA, aligning with the powers granted under the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Order 103.25 Instrument 2007, which pertains to very high frequency communications receiving equipment, applies to all aircraft operating in Australia, and thus affects manufacturers, operators, and other entities involved in the aviation industry. It is a legislative instrument made under section 98 of the Civil Aviation Act 1988, which grants the Governor-General the power to create regulations for aviation safety. The Order, which is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, has been remade to ensure compliance and consistency with the LIA, without altering existing law or policy. The remake, classified as a minor or machinery instrument, does not require consultation or a Regulation Impact Statement. The instrument is issued by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority and comes into effect on the day after its registration.
Key Provisions
Civil Aviation Order 103.25 Instrument 2007, under the authority of the Civil Aviation Act 1988, sets forth specific design standards for very high frequency communications receiving equipment for aircraft. This Order is a necessary regulation that ensures the safety and compliance of such equipment in the context of air navigation. The main sections of this Order (subregulation 21A(1) of the Civil Aviation Regulations 1988) empower the Civil Aviation Safety Authority (CASA) to issue these design standards where no existing standards are applicable. By establishing these standards, the Order aims to maintain high safety and performance benchmarks for aviation equipment.
The obligations imposed by CAO 103.25 on the parties governed by it include strict adherence to the specified design standards for very high frequency communications receiving equipment. Manufacturers, suppliers, and aviation operators must ensure that the equipment they design, manufacture, or use complies with these standards. This requirement is crucial to uphold the safety and efficiency of air navigation systems. The Order mandates that any deviations from the prescribed standards must be duly justified and approved by CASA, thereby ensuring that all communications equipment meets the necessary safety criteria.
Failure to comply with the provisions of CAO 103.25 may result in significant consequences. Under the Civil Aviation Act 1988, non-compliance can lead to enforcement actions by CASA, including the issuance of fines and other penalties. The exact penalties depend on the severity and frequency of the breach, but they are designed to ensure strict adherence to safety standards. In addition, repeated or severe breaches may result in legal action, potentially leading to more severe penalties under Australian law. It is imperative for all stakeholders to understand and meet the requirements of this Order to avoid these adverse outcomes.