Civil Aviation Order 103.31 Repeal Order 2007

Overview

The Civil Aviation Order 103.31 Repeal Order 2007 was introduced to address the issue of outdated design standards for rescue harnesses in Australian aviation operations. The Act, which was enacted in 1988, provides the legislative framework for civil aviation safety in Australia. The Civil Aviation Order 103.31 Repeal Order was made by the Acting Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988. This Order revokes the outdated CAO 103.31, which specified the design standards for rescue harnesses, and aligns the requirements with the safety directives issued by CASA. The policy objective behind this Order is to ensure that the equipment used in aviation rescue operations meets current safety standards, thereby enhancing the safety and efficacy of such operations. The Order is a legislative instrument and is subject to tabling and disallowance in the Parliament.

Scope and Application

The Civil Aviation Order 103.31 Repeal Order 2007, made under the authority of the Civil Aviation Act 1988, revokes Civil Aviation Order 103.31, which specified the design standards for rescue harnesses used in water rescue and winching operations by helicopters. This repeal aligns with the contemporary safety standards set by the Civil Aviation Safety Authority (CASA), ensuring that all rescue harnesses used in such operations comply with current CASA-approved standards. The repeal affects any person or entity involved in operating helicopters for water rescue or winching operations within Australia, as these operations must now adhere to updated equipment standards specified in Civil Aviation Orders 95.7 and 29.11, which have been amended to reflect the changes. Although the repeal is extensive, it does not include any specific exclusions, and its impact on business is considered minimal. The order is subject to parliamentary disallowance and is classified as a legislative instrument under the Legislative Instruments Act 2003, although it did not require consultation or a Regulatory Impact Statement due to its limited scope.

Key Provisions

The key operative sections of the Civil Aviation Order 103.31 Repeal Order 2007 primarily focus on the revocation of outdated design standards for rescue harnesses used in certain aviation operations. According to subregulation 207(2) of the Civil Aviation Regulations 1988, the regulations require that Australian aircraft used in specific operations must be equipped with CASA-approved instruments and equipment, including emergency equipment. Subsection 2 of Civil Aviation Order 95.7 (CAO 95.7) mandates that helicopters engaged in water rescue operations must be equipped with rescue harnesses that comply with the requirements set out in CAO 103.31. Similarly, paragraph 6.2 of Civil Aviation Order 29.11 (CAO 29.11) requires that helicopters involved in winching and/or rappelling operations must have rescue harnesses that conform to relevant standards. CAO 103.31, which previously specified these design standards, is now repealed by this Order, which instead refers to standards approved by CASA. This Act imposes specific obligations on parties or entities governed by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. For example, under the Civil Aviation Regulations, operators of Australian aircraft in certain classes of operations must ensure that their aircraft are equipped with CASA-approved instruments and equipment. In the context of water rescue and winching/rappelling operations, this means that helicopters must be equipped with rescue harnesses that comply with the latest standards approved by CASA. This ensures that the safety and efficacy of emergency operations are maintained at the highest possible level. The revocation of CAO 103.31 and its replacement with CASA-approved standards ensures that the requirements remain current and effective. The Civil Aviation Order 103.31 Repeal Order 2007 introduces specific civil and criminal consequences for non-compliance. Under the Civil Aviation Act 1988, any person who uses an Australian aircraft in a class of operations without the required CASA-approved instruments and equipment could face penalties. The exact penalties are not specified in the text but are likely to include fines and other administrative sanctions for violating aviation safety regulations. Additionally, the Legislative Instruments Act 2003 (LIA) classifies this Order as a disallowable instrument, subjecting it to parliamentary scrutiny and disallowance if necessary. The absence of a consultation requirement under section 17 of the LIA in this instance indicates that the impact on businesses is expected to be minimal, justifying the streamlined legislative process. The Order also includes a saving provision that ensures any existing CAO 103.31 standards in place before the commencement of this Order will still be recognised as CASA-approved for the purposes of equipping aircraft with rescue harnesses. This transitional measure helps to mitigate any immediate disruptions to ongoing operations while allowing for the update of safety standards. The Order comes into effect on the day after its registration and immediately after the commencement of the associated amendments to Civil Aviation Order 95.7 and Civil Aviation Order 20.11. This coordinated approach ensures that all relevant regulations are updated simultaneously, maintaining consistency and reducing the risk of operational gaps.