Civil Aviation Order 103.26 Instrument 2007

Overview

The Civil Aviation Order 103.26 Instrument 2007 is a remake of the original Civil Aviation Order 103.26, which was enacted under the Civil Aviation Act 1988. The original legislation was designed to address the need for specific design standards for aircraft components, particularly automatic direction finding receiving equipment, where no such standards had been established. This remake was necessitated by the Legislative Instruments Act 2003, which requires certain legislative instruments to be lodged with the Federal Register of Legislative Instruments. The remake aims to ensure compliance with this Act and to update outdated references and terminology within the original Order, without altering the substantive legal or policy framework. This instrument was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority and is subject to tabling and disallowance in the Parliament as per the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Order 103.26 Instrument 2007 pertains to the regulation of design standards for automatic direction finding receiving equipment for aircraft, as authorised under section 98 of the Civil Aviation Act 1988. This legislation applies to any person or entity involved in the design, manufacture, or maintenance of such equipment in Australia. The instrument extends across the national jurisdiction, as it is implemented by the Civil Aviation Safety Authority (CASA) which operates under the Commonwealth. This remake of the Civil Aviation Order, originally made before 1 January 2000, ensures compliance with the Legislative Instruments Act 2003, without altering existing law or policy. However, the update includes modernising references to technical standards and legislative titles, as well as introducing gender-neutral language. Notably, the remake does not extend to substantive changes but focuses on administrative updates and legislative consistency. Furthermore, as a legislative instrument declared to be disallowable under the Civil Aviation Act 1988, this Order is subject to tabling and disallowance procedures in the Parliament.

Key Provisions

The key operative sections of the Civil Aviation Order 103.26 Instrument 2007 primarily concern the remaking of existing standards and regulations regarding automatic direction finding receiving equipment for aircraft components. Under section 98(1) of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the Act, including safety of air navigation. Subregulation 21A(1) of the Civil Aviation Regulations 1988 allows the Civil Aviation Safety Authority (CASA) to issue design standards for aircraft components where no such standards exist. This power has been exercised in CAO 103.26, which pertains specifically to automatic direction finding receiving equipment. The obligations imposed by this order are primarily on CASA and aircraft manufacturers or operators. CASA is required to ensure that the design standards set out in CAO 103.26 are adhered to by all relevant parties. Aircraft manufacturers and operators must comply with these design standards when manufacturing or operating aircraft that require automatic direction finding receiving equipment. This ensures a uniform safety standard across the aviation industry in Australia. The consequences for non-compliance with CAO 103.26 can be significant. Firstly, under subsection 98(5) of the Civil Aviation Act 1988, CAOs such as this are considered disallowable instruments. This means that any breach of the order could lead to civil or criminal penalties as outlined in the Act. The specific penalties are not detailed in the explanatory statement, but they could include fines or other sanctions. Moreover, as a legislative instrument, CAO 103.26 is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. This adds an additional layer of scrutiny and potential consequences for non-compliance.