Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 103.27 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 VOR navigation receiving equipment. These design standards have been issued in Civil Aviation Order 103.27 (CAO 103.27).
CAO 103.27 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 However, the opportunity has been taken to update outdated references to legislation and titles in the Order and to introduce gender-neutral wording into the Order.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 103.27 Instrument 2007]
Overview
The Civil Aviation Order 103.27 Instrument 2007 was introduced to ensure compliance and consistency with the Legislative Instruments Act 2003. This legislative instrument, made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), updates references to technical standards and legislative titles within the existing design standards for VOR navigation receiving equipment, without altering any existing law or policy. The primary purpose of this remake is to meet the administrative requirement of lodging the order with the Federal Register of Legislative Instruments, thus ensuring adherence to legislative processes. The instrument is subject to the disallowance provisions of the Legislative Instruments Act 2003 and is classified as a minor or machinery instrument, exempt from certain consultation and impact assessment processes.
Scope and Application
The Civil Aviation Order 103.27 Instrument 2007, which updates and remakes Civil Aviation Order 103.27 relating to VOR navigation receiving equipment, applies to the aviation industry, specifically to the design and manufacture of aircraft components, and to Civil Aviation Safety Authority (CASA) and other regulatory bodies responsible for enforcing compliance with civil aviation standards in Australia. The Order is a legislative instrument under the Civil Aviation Act 1988 and the Legislative Instruments Act 2003, and as such, it is subject to tabling and disallowance in the Parliament. The remake is intended to ensure compliance with the Legislative Instruments Act and to update outdated references to legislation and titles, while maintaining existing law and policy. The Order applies nationally across Australia, with no exclusions or exemptions noted in the explanatory statement. The remake does not extend or restrict the application of the original Order but ensures that it remains consistent with current legislative requirements and standards.
Key Provisions
The Civil Aviation Order 103.27 Instrument 2007, as detailed in the Explanatory Statement, primarily serves to re-issue existing design standards for VOR navigation receiving equipment for aircraft, in compliance with the Legislative Instruments Act 2003. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations concerning the safety of air navigation. Subregulation 21A(1) of the Civil Aviation Regulations 1988 empowers the Civil Aviation Safety Authority (CASA) to issue design standards for aircraft components, including VOR navigation receiving equipment, when no existing design standards are in force. CAO 103.27, which incorporates these design standards, was originally created before January 1, 2000, and the remake of this Order ensures it remains current and compliant with the Legislative Instruments Act 2003. The remake updates references to technical standards and legislative titles, and introduces gender-neutral language without altering the existing legal or policy framework.
The obligations imposed by CAO 103.27 on parties and entities governed by the Act primarily revolve around ensuring that VOR navigation receiving equipment adheres to the specified design standards. This includes compliance with technical specifications and regulatory requirements set out in the Order. Entities such as aircraft manufacturers, maintenance organisations, and air navigation service providers must ensure that their equipment and services meet these standards to maintain the safety and reliability of air navigation. Failure to comply with these design standards could potentially compromise the safety of aircraft operations and result in regulatory action against the non-compliant entities.
Offences and penalties for breaches of the Civil Aviation Order 103.27 are addressed under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. While the specific penalties for non-compliance with CAO 103.27 are not detailed in the Explanatory Statement, general provisions under the Civil Aviation Act 1988 provide for substantial fines and potential imprisonment for serious breaches. Specifically, under section 34 of the Act, an individual can face fines of up to $210,000 and/or imprisonment for up to two years for contravening a regulation. For corporations, the fines can be significantly higher, up to $1,050,000 for contraventions. The penalties underscore the importance of adherence to these design standards and the potential consequences for failing to comply.