Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 103.8 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 21A (1) of the Civil Aviation Regulations 1988, CASA may issue a design standard for an aircraft component for which no appropriate design standard is in force.
Civil Aviation Order 103.8 (CAO 103.8) contained design standards for aircraft tyres. These design standards are now obsolete. Equipment such as aircraft tyres is now approved under regulation 21.305 of the Civil Aviation Safety Regulations 1998. This Order revokes CAO 103.8.
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under section 17 of the LIA has not been undertaken in this case because this Order merely revokes an Order that is outdated.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.
The saving provision permits the continued use of aircraft tyres that complied with the CAO 103.8 design standards and were installed on an aircraft immediately before the commencement of this Order.
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 103.8 Repeal Order 2007]