Civil Aviation Order 103.3 Instrument 2007

Overview

The Civil Aviation Order 103.3 Instrument 2007 was enacted to address the requirement of ensuring compliance with the Legislative Instruments Act 2003, particularly with regard to the registration of existing legislative instruments such as Civil Aviation Orders. This Order is a remake of the pre-existing Civil Aviation Order 103.3, which governs aircraft instrument design standards, and was made under the authority of Section 98 of the Civil Aviation Act 1988. The primary objective is to update references to technical standards and legislation, introduce gender-neutral wording, and ensure the Order aligns with the current legislative framework. The Australian Parliament enacts the Civil Aviation Act 1988, which provides the foundational legal basis for the regulation of civil aviation safety, including the issuance of design standards for aircraft instruments. The Civil Aviation Order 103.3 Instrument 2007 was produced by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), and it is subject to tabling and disallowance in the Parliament as per the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Order 103.3 Instrument 2007 pertains to the Civil Aviation Order 103.3 (CAO 103.3) which sets design standards for aircraft instruments as mandated by the Civil Aviation Act 1988. This Order applies to all aircraft operators, manufacturers, and maintenance service providers within Australia, ensuring compliance with safety regulations for air navigation. The instrument's jurisdictional reach is national, enforced by the Civil Aviation Safety Authority (CASA) under the authority granted by the Act. This remake of the Order is primarily a formality to ensure it aligns with the Legislative Instruments Act 2003, without altering existing law or policy. It also includes updating references and introducing gender-neutral wording. As a legislative instrument, CAO 103.3 is subject to tabling and disallowance procedures in Parliament, although consultation and a Regulation Impact Statement were deemed unnecessary due to the nature of the changes. The Order commences on the day after its registration.

Key Provisions

The Civil Aviation Order 103.3 Instrument 2007 amends the existing Civil Aviation Order 103.3, which pertains to aircraft instrument design standards. Section 98 of the Civil Aviation Act 1988 (Act) empowers the Governor-General to make regulations for the Act, including safety of air navigation, and under subregulation 21(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) has the authority to issue design standards for aircraft instruments when no appropriate design standard is in force. These design standards have been incorporated into CAO 103.3. The Order was remade solely to comply with the Legislative Instruments Act 2003 (LIA), ensuring it is lodged with the Federal Register of Legislative Instruments by the specified deadline, with no substantive changes in law or policy. Under the Act, the regulations that provide for certain instruments to be issued in the form of Civil Aviation Orders (CAOs) are declared to be disallowable instruments (subsection 98(5) of the Act). Given that CAO 103.3 was made before the commencement of the LIA, it is considered a legislative instrument under the LIA (subparagraph 6(d)(i) of the LIA) and is therefore subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. The remake, being of a minor or machinery nature, did not require consultation under section 17 of the LIA, nor did it necessitate a Regulation Impact Statement from the Office of Best Practice Regulation (OBPR). The Order was made by the Director of Aviation Safety on behalf of CASA in accordance with subsection 84A(2) of the Act and commenced the day after its registration. The obligations imposed by the CAO 103.3 primarily pertain to the design and certification of aircraft instruments. Manufacturers and entities involved in aircraft operations must adhere to the design standards outlined in the Order to ensure compliance with safety regulations. These standards cover various technical aspects, including the functionality, reliability, and durability of aircraft instruments. Additionally, any party seeking to introduce new aircraft instruments or modify existing ones must submit the necessary documentation and obtain CASA's approval to ensure compliance with the stipulated design standards. Failure to comply with the requirements set forth in CAO 103.3 can result in significant consequences. Under the Civil Aviation Act 1988, offences related to non-compliance may lead to both civil and criminal penalties. For example, manufacturing, selling, or using aircraft instruments that do not meet the specified design standards can result in fines and imprisonment. The maximum penalties can vary depending on the severity of the breach and the specific provisions of the Act. Civil penalties may include substantial fines, while criminal penalties may involve imprisonment for individuals responsible for the non-compliance. Therefore, adherence to the Order is critical for maintaining the safety and regulatory compliance of aircraft operations in Australia.