Civil Aviation Order 103.40 Repeal Order 2007

Overview

The Civil Aviation Order 103.40 Repeal Order 2007 was enacted to address the obsolescence of the design standards for buoyant survival radio beacons as specified in Civil Aviation Order 103.40 (CAO 103.40). These standards had been superseded by the requirements of regulation 252A of the Civil Aviation Regulations 1988 (CAR 1988) which provides updated standards for the approval of emergency locator transmitters. The Order revokes CAO 103.40 to align with the current regulatory framework and ensure that the safety and operational standards for aviation emergency equipment remain up-to-date. This legislative instrument was introduced under subsection 98(1) of the Civil Aviation Act 1988, allowing the Governor-General to make regulations for aviation safety. The repeal was executed by the Acting Director of Aviation Safety, on behalf of the Civil Aviation Safety Authority (CASA), in accordance with subsection 84A(2) of the Act. Additionally, the Order is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, although consultation under section 17 of that Act was not necessary due to the nature of the repeal.

Scope and Application

The Civil Aviation Order 103.40 Repeal Order 2007 pertains to the Civil Aviation Act 1988 and specifically addresses the regulation of emergency systems and equipment in Australian aircraft, as well as the associated safety standards for buoyant survival radio beacons. This legislative instrument revokes Civil Aviation Order 103.40, which had previously specified design standards for buoyant survival radio beacons but has since been rendered obsolete by more recent regulatory developments. The order applies to all aircraft operating within Australia, ensuring that the safety equipment meets current standards established under the Civil Aviation Regulations 1988. This repeal aligns with the updated requirements set out in regulation 252A of the Civil Aviation Regulations 1988, which now governs the approval of emergency locator transmitters. The revocation of CAO 103.40 ensures that aviation safety practices remain current and effective. The Order is also subject to the Legislative Instruments Act 2003, classifying it as a disallowable instrument, thereby requiring tabling and potential disallowance in Parliament. The absence of a Regulation Impact Statement by the Office of Best Practice Regulation suggests a minimal anticipated impact on business compliance costs due to the limited scope of the changes.

Key Provisions

The Civil Aviation Order 103.40 Repeal Order 2007, as outlined in the explanatory statement, primarily serves to revoke the outdated Civil Aviation Order 103.40 (CAO 103.40). This revocation is necessitated by the fact that the design standards specified in CAO 103.40 have been superseded by the more recent requirements of regulation 252A of the Civil Aviation Regulations 1988 (CAR 1988). This is detailed in subsection 98(1) of the Civil Aviation Act 1988 (the Act), which empowers the Governor-General to make regulations concerning the Act and the safety of air navigation. Specifically, regulation 252 of the CAR 1988 allows the Civil Aviation Safety Authority (CASA) to direct the provision of emergency systems, equipment, and life-saving devices on Australian aircraft to ensure safety for passengers and crew. In terms of obligations and requirements, the Civil Aviation Order 103.40 Repeal Order 2007 mandates that CAO 103.40, which previously set out standards for buoyant survival radio beacons, is no longer applicable. Instead, parties and entities must adhere to the updated standards outlined in regulation 252A of CAR 1988. This change ensures that all emergency locator transmitters and associated equipment meet current safety standards. Additionally, the Order is declared to be a disallowable instrument under the Legislative Instruments Act 2003 (LIA), meaning it is subject to tabling and potential disallowance in the Parliament within the stipulated periods. This requirement is specified in subsection 98(5) of the Act and subparagraph 6(d)(i) of the LIA. There are no specific offences, penalties, or consequences outlined in the explanatory statement for the breach of the Civil Aviation Order 103.40 Repeal Order 2007. However, non-compliance with the updated standards in regulation 252A of CAR 1988 could lead to enforcement actions under the Civil Aviation Act 1988. Such actions could include fines or other penalties for failing to meet safety regulations. The revocation of CAO 103.40 and the introduction of new standards aim to ensure that all safety equipment on aircraft adheres to the most current and effective safety requirements. The Order ensures that any existing equipment will be grandfathered under the previous standards until such time as it needs to be replaced or upgraded to meet the new requirements.