Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 103.31 Repeal Order 2007
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 207 (2) of the Civil Aviation Regulations 1988, a person must not use an Australian aircraft in a class of operations if the aircraft is not:
(a) fitted with instruments; and
(b) fitted with, or carrying, equipment, including emergency equipment;
that CASA has approved and directed.
Under subsection 2 of Civil Aviation Order 95.7 (CAO 95.7), helicopters used in water rescue operations must be equipped with rescue harnesses that comply with the requirements contained in Civil Aviation Order 103.31 (CAO 103.31).
Under paragraph 6.2 of Civil Aviation Order 29.11 (CAO 29.11), helicopters engaged in winching and/or rappelling operations must have, among other equipment, rescue harnesses that conform to the requirements of the relevant Part 103 Civil Aviation Order.
CAO 103.31 specifies the design standards for rescue harnesses. These design standards are now out-of-date. This Order revokes CAO 103.31.
CAO 95.7 and CAO 29.11 have been amended to remove the references to CAO 103.31 and refer instead to standards approved by CASA.
Legislative Instruments 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 (the CAOs), such CAOs are declared to be disallowable instruments. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (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 Order 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 under section 17 of the LIA has not been undertaken in this case because this Order merely revokes an Order that is outdated.
Office of Best Practice Regulation (OBPR)
OBPR does not require a Regulation Impact Statement for the revocation because a preliminary assessment of business compliance costs indicates that it will have only a low impact on business.
Under the saving provision, a standard set out in CAO 103.31 immediately before the commencement of this Order is taken to be a standard approved by CASA for helicopter rescue harness inertia reels installed on an aircraft, if installed on the aircraft immediately before the commencement of this Order.
The instrument commences on the day after it is registered, immediately after the commencement of Civil Aviation Order 95.7 Amendment Order (No. 1) 2007 and Civil Aviation Order 20.11 Amendment Order (No. 2) 2007.
The Order has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Order 103.31 Repeal Order 2007]