Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 103.40 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 regulation 252 of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions with respect to the provision in Australian aircraft of such emergency systems and equipment, and such life-saving equipment, as CASA considers necessary to safeguard the aircraft and persons on board the aircraft.
Civil Aviation Order 103.40 (CAO 103.40) specifies the design standards for buoyant survival radio beacons. These design standards are now out-of-date. They have been superseded by the requirements of regulation 252A of CAR 1988 which contains standards for the approval of emergency locator transmitters. This Order revokes CAO 103.40.
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under section 17 of the LIA has not been undertaken in this case because this Order merely revokes an Order that is outdated.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 103.40 immediately before the commencement of this Order is taken to be a standard approved by CASA for buoyant survival radio beacons already installed on an aircraft at that time.
The instrument commences on the day after it is registered.
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 103.40 Repeal Order 2007]