Civil Aviation Order 103.28 Instrument 2007

Overview

The Civil Aviation Order 103.28 Instrument 2007, made under the Civil Aviation Act 1988, addresses the need to ensure compliance with the Legislative Instruments Act 2003. The original order, which pertains to the design standards for localiser/VAR navigation receiving equipment, was issued prior to 1 January 2000 and required updating to align with legislative requirements. This remake, overseen by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), does not alter existing law or policy but instead focuses on updating outdated references and incorporating gender-neutral language. The remake is subject to the disallowance process as outlined in the Legislative Instruments Act 2003, though no consultation was deemed necessary given the minor nature of the changes. This instrument serves to maintain the integrity and clarity of the regulatory framework governing aviation safety in Australia.

Scope and Application

The Civil Aviation Order 103.28 Instrument 2007 applies to all entities and individuals involved in the design, manufacture, and operation of localiser/VAR navigation receiving equipment for aircraft, ensuring compliance with safety standards as mandated by the Civil Aviation Act 1988. This Act provides the legislative basis for the Australian Civil Aviation Authority (CASA) to issue design standards for aircraft components, particularly for those components for which no specific design standards have previously been in place. The scope of this Order is limited to the updating of references to technical standards and legislation, ensuring that the document remains current and relevant without altering the underlying legal or policy framework. Geographically, the Order applies nationally across Australia, affecting all aviation-related activities within the jurisdiction. The Order does not introduce any new exclusions or exemptions but updates the references and language to maintain consistency and compliance with the Legislative Instruments Act 2003. The remake of the Order is a legislative instrument and is subject to tabling and disallowance in Parliament, as per the provisions of the Civil Aviation Act and the Legislative Instruments Act.

Key Provisions

The key operative sections of this legislation are section 98 of the Civil Aviation Act 1988 (the Act) and subregulation 21A(1) of the Civil Aviation Regulations 1988 (CAR 1988). Section 98 of the Act grants the Governor-General the authority to create regulations pertaining to the Act and the safety of air navigation. Subregulation 21A(1) of the CAR 1988 further empowers the Civil Aviation Safety Authority (CASA) to issue design standards for aircraft components where no existing design standards are applicable. These provisions are fundamental in ensuring that aircraft components meet the necessary safety and operational standards. The obligations and requirements imposed by the Act and the CAO 103.28 primarily concern the creation and adherence to design standards for aircraft components. CASA is tasked with issuing these design standards, as outlined in subregulation 21A(1) of the CAR 1988. These standards are specifically targeted at localiser/VAR navigation receiving equipment. The entities governed by these provisions, such as aircraft manufacturers and operators, must ensure that their equipment complies with the design standards set forth in CAO 103.28. This requirement is crucial for maintaining the safety and reliability of air navigation systems. Breaching the obligations and requirements set out in the Act and CAO 103.28 can lead to various legal consequences. While the explanatory statement does not explicitly detail specific offences or penalties, it is reasonable to infer that non-compliance with aviation safety regulations could result in enforcement actions by CASA. Such actions might include fines, penalties, or other regulatory sanctions. The potential severity of these consequences underscores the importance of adhering to the design standards and regulatory requirements stipulated by the Act and the CAO. The legislative framework also includes provisions for the tabling and disallowance of the instrument in Parliament, as mandated by the Legislative Instruments Act 2003 (LIA). According to subsection 98(5) of the Act, Civil Aviation Orders (CAOs) such as CAO 103.28 are considered disallowable instruments. Under subparagraph 6(d)(i) of the LIA, this makes the instrument subject to tabling and disallowance in the Parliament, as per sections 38 and 42 of the LIA. This legislative process ensures that the instrument is subject to parliamentary scrutiny and approval, thereby maintaining the balance between regulatory authority and legislative oversight.