Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 108.10 Instrument 2007
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 38 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions relating to the maintenance of Australian aircraft for the purpose of ensuring the safety of air navigation.
Subregulation 5 (3) states that if a direction is issued in Civil Aviation Orders (CAOs), it is taken to have been served on the person on the date on which the making of the Order is notified in the Gazette. Under the Legislative Instruments Act 2003 (the LIA), registration on the Federal Register of Legislative Instruments (FRLI) is taken to be the equivalent of gazettal.
Under subregulation 38 (1) of CAR 1988, CASA has issued procedures relating to the inspection of aircraft, aircraft components and aircraft materials for flaws by dye penetrant methods. The instructions have been issued in Civil Aviation Order 108.10 (CAO 108.10).
CAO 108.10 was made before 1 January 2000 and under the LIA, the Order must be lodged with FRLI before 31 December 2007. The Order is being remade solely for the purpose of ensuring compliance and consistency with the LIA and does not involve any changes in existing law or policy in the Order. However, the opportunity has been taken to update outdated references to legislation and titles in the Order and to introduce gender-neutral wording into the Order.
Legislative Instrument Act
Under subsection 98 (5) of the Act, where the regulations provide for certain instruments to be issued in the form of CAOs, such CAOs are declared to be disallowable instruments. Under subparagraph 6 (d) (i) of 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 remake 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
Consultation under section 17 of the LIA has not been undertaken as the instrument is a remake of an existing instrument solely for the purposes of the LIA and is of a minor or machinery nature.
Office of Best Practice Regulation (OBPR)
OBPR does not require a Regulation Impact Statement because the remake is of a minor or machinery nature.
The Order has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
The instrument commences on the day after it is registered.
[Civil Aviation Order 108.10 Instrument 2007]
Overview
The Civil Aviation Order 108.10 Instrument 2007 was enacted to address the need for compliance and consistency with the Legislative Instruments Act 2003, which governs the registration and notification of legislative instruments. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, including safety of air navigation, and under this authority, the Civil Aviation Order 108.10 was issued to provide specific maintenance directions for Australian aircraft. This Order was originally made prior to 1 January 2000 and required updating to align with the Legislative Instruments Act 2003. The remake of CAO 108.10 serves to update outdated references and introduce gender-neutral language without altering existing law or policy. The Civil Aviation Order is subject to tabling and disallowance in the Parliament, in line with the Legislative Instruments Act. The Order was made by the Director of Aviation Safety, on behalf of CASA, and it commenced on the day after its registration.
Scope and Application
The Civil Aviation Order 108.10 Instrument 2007 pertains to the inspection of aircraft, aircraft components, and aircraft materials using dye penetrant methods. This instrument applies to the maintenance of Australian aircraft, ensuring that these inspections are conducted to uphold the safety of air navigation as mandated by the Civil Aviation Act 1988. The Order is applicable to all relevant industry professionals and entities involved in the maintenance of aircraft within Australia, ensuring compliance with the safety standards established by the Civil Aviation Safety Authority (CASA). The geographic scope of this Order is national, with its enforcement extending across all states and territories within Australia. It is pertinent to note that the Order does not introduce any changes to existing legal or policy frameworks but serves to update references and incorporate gender-neutral language for clarity and consistency. Additionally, while the Order itself does not extend its application beyond Australian aircraft, the overarching Civil Aviation Act and associated regulations may have broader implications on international aviation activities involving Australian-registered aircraft.
Key Provisions
Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to establish regulations concerning the Act and the safety of air navigation. Subregulation 38(1) of the Civil Aviation Regulations 1988 empowers the Civil Aviation Safety Authority (CASA) to issue directions relating to the maintenance of Australian aircraft, with the overarching goal of ensuring the safety of air navigation. Subregulation 5(3) further clarifies that any direction issued in Civil Aviation Orders (CAOs) is considered served on the relevant person on the date the Order is notified in the Gazette. Under the Legislative Instruments Act 2003, registration on the Federal Register of Legislative Instruments is equivalent to gazettal. CASA has issued specific procedures for inspecting aircraft, aircraft components, and aircraft materials for flaws using dye penetrant methods, detailed in Civil Aviation Order 108.10 (CAO 108.10).
The obligations imposed by the Civil Aviation Order 108.10 revolve around the maintenance and inspection of Australian aircraft. Operators and owners of aircraft must ensure that inspections are conducted according to the specified procedures to maintain air safety standards. The Order also mandates that any flaws detected during these inspections must be addressed promptly to prevent potential safety hazards. The requirement to lodge the Order with the Federal Register of Legislative Instruments ensures transparency and accessibility of the regulations governing aircraft maintenance.
Failure to comply with the directions and procedures outlined in CAO 108.10 can result in various consequences. Civil Aviation Orders are considered disallowable instruments under subsection 98(5) of the Act. This means that the Order is subject to tabling and potential disallowance in the Parliament, as stipulated by sections 38 and 42 of the Legislative Instruments Act 2003. Non-compliance may lead to enforcement actions by CASA, which could include fines, suspension of aircraft operation certificates, or other regulatory sanctions. The penalties for breaching these regulations are significant, reflecting the critical importance of adhering to the safety standards established by the Order.