Civil Aviation Order 103.4 Repeal Order 2007

Overview

The Civil Aviation Order 103.4 Repeal Order 2007 was enacted to address the obsolescence of Civil Aviation Order 103.4, which had established a standard for the modification of dial and the presentation of 3 pointer type sensitive altimeters installed on aircraft. This Order was made under subsection 98(1) of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act and the safety of air navigation. The policy objective of this Order is to ensure that aviation safety standards remain current and effective, facilitating the removal of outdated regulations that are no longer applicable. The Order revokes CAO 103.4 but includes a savings provision for altimeters already installed on aircraft before the Order's commencement. As a legislative instrument, the Order is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The Office of Best Practice Regulation determined that a Regulation Impact Statement was not required due to the low impact on business compliance costs associated with the revocation of this outdated standard.

Scope and Application

The Civil Aviation Order 103.4 Repeal Order 2007 pertains to the Civil Aviation Act 1988 and specifically addresses the revocation of Civil Aviation Order 103.4, which previously contained a standard for the modification of dials and the presentation of 3-pointer type sensitive altimeters installed on aircraft. The Order applies to entities and individuals involved in the aviation industry, including aircraft manufacturers, maintenance organisations, and pilots, who must adhere to the regulations governing the safety and standards of aircraft components. This Order is applicable nationally, as it falls under the Commonwealth jurisdiction, ensuring consistent application across all states and territories. Although the Order revokes an outdated standard, it includes a saving provision to allow for the continued use of altimeters that were already installed on aircraft before the Order's commencement. The repeal of CAO 103.4 is considered a legislative instrument under the Legislative Instruments Act 2003, thus subject to tabling and disallowance in Parliament. Given the minimal impact on business compliance costs, no consultation or Regulation Impact Statement was required by the Office of Best Practice Regulation. The Order was made by the Acting Director of Aviation Safety on behalf of the Civil Aviation Safety Authority, in accordance with the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Order 103.4 Repeal Order 2007 primarily concerns the repeal of Civil Aviation Order 103.4 (CAO 103.4), which previously set forth standards for the modification of dials and the presentation of 3-pointer type sensitive altimeters on aircraft. Section 98(1) of the Civil Aviation Act 1988 allows for the making of regulations and standards for air navigation safety, and subregulation 21A(1) of the Civil Aviation Regulations 1988 grants CASA the authority to issue design standards for aircraft components when no appropriate standards are in place. This repeal order now eliminates CAO 103.4, although it includes a saving provision that allows the continued application of the standards to any altimeters that were already installed on aircraft before the order's commencement. Entities and individuals subject to the Civil Aviation Act 1988 and its regulations must ensure that any modifications or installations of sensitive altimeters on aircraft comply with the current standards as per the Civil Aviation Regulations 1988. This includes adhering to any new or updated standards issued by CASA under the authority granted by subregulation 21A(1). The obligation on these parties is to maintain compliance with the current regulatory framework that governs aircraft safety and air navigation, which now excludes CAO 103.4 following its repeal. There are no specified offences, penalties, or consequences outlined in the Civil Aviation Order 103.4 Repeal Order 2007 itself. However, non-compliance with the Civil Aviation Act 1988 or the Civil Aviation Regulations 1988 could result in enforcement actions, including fines or other penalties, as stipulated in the overarching legislation. The repeal order itself does not introduce new sanctions but rather removes a previously applicable standard, meaning that failure to comply with the current standards could still lead to regulatory action under the broader aviation safety laws.