Civil Aviation Order 108.22 Repeal Order 2007

Overview

The Civil Aviation Order 108.22 Repeal Order 2007 addresses the need to update and streamline aviation safety regulations by revoking the outdated Civil Aviation Order 108.22, which was established in December 1971 to specify the use of Klinki pine in aircraft. This legislative instrument, enacted by the Australian Government, aims to enhance the safety of air navigation as per the Civil Aviation Act 1988. The Order was made by the Acting Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) under the authority granted by the Act, and it is subject to the provisions of the Legislative Instruments Act 2003. The revocation of CAO 108.22 is deemed necessary as its content has been updated and now exists as advisory material in an Airworthiness Bulletin, and it was determined that consultation was unnecessary due to the minimal impact on business compliance costs. This Order is considered a legislative instrument and is subject to tabling and disallowance in the Parliament, although it was not subject to the consultation requirements of the Legislative Instruments Act 2003 as it does not introduce new regulatory requirements but rather removes outdated specifications.

Scope and Application

The Civil Aviation Order 108.22 Repeal Order 2007 pertains to the Civil Aviation Act 1988 and applies to the regulatory framework governing the aviation industry in Australia. This particular order revokes Civil Aviation Order 108.22, which had specified the use of Klinki pine in aircraft, by reclassifying this information as advisory material in an Airworthiness Bulletin. The order is applicable to all entities and individuals involved in the manufacturing, maintenance, and operation of aircraft within Australia, as it pertains to the safety and specifications of aircraft materials. The geographic scope of the order is national, as it applies to the entirety of Australian airspace and aviation operations conducted under Australian jurisdiction. The revocation of CAO 108.22 under this order signifies that there are no longer mandatory specifications for the use of Klinki pine, which is now relegated to advisory status only. The order also recognises the authority of the Civil Aviation Safety Authority (CASA) to issue directions concerning aircraft materials under subregulation 36A(2) of the Civil Aviation Regulations 1988. As a legislative instrument, the order is subject to the Legislative Instruments Act 2003, which governs the tabling and disallowance of such instruments in the Parliament. This revocation order is deemed a low-impact measure for businesses, thus exempt from the requirement for a Regulation Impact Statement by the Office of Best Practice Regulation.

Key Provisions

The primary sections of the Civil Aviation Order 108.22 Repeal Order 2007 address the revocation of Civil Aviation Order 108.22 (CAO 108.22). Section 1 of the Order revokes CAO 108.22, which was issued in December 1971 and contained specifications for the use of Klinki pine in aircraft. These specifications have since been revised and are now included in an Airworthiness Bulletin as advisory material. The revocation is intended to ensure that the regulations remain current and effective. The obligations imposed by the Order primarily concern the maintenance of updated and relevant regulatory material for aviation safety. As per section 2, the Civil Aviation Safety Authority (CASA) must ensure that all materials and specifications related to aircraft safety comply with the most current standards and advisories. This includes transitioning from formal specifications to advisory material where appropriate, such as in the case of CAO 108.22, which has been updated and reissued as an Airworthiness Bulletin. The legislative framework also includes provisions for the oversight and accountability of such regulatory changes. Under the Legislative Instruments Act 2003 (LIA), the Order is considered a disallowable instrument, which means it is subject to parliamentary scrutiny. Specifically, it must be tabled in Parliament and may be subject to disallowance under sections 38 and 42 of the LIA. Additionally, although consultation under section 17 of the LIA was not undertaken due to the minimal impact of the revocation, the Order still adheres to the legislative requirements for regulatory updates. In terms of potential consequences for breaches, the Order does not explicitly outline specific offences or penalties for non-compliance with its provisions. However, any failure to adhere to the updated safety standards and advisories could potentially lead to enforcement actions under the broader Civil Aviation Act 1988 or related regulations. These actions could include fines, sanctions, or other regulatory measures intended to ensure compliance with aviation safety standards. The maximum penalties for non-compliance would typically be determined by the specific provisions of the overarching Act and any applicable regulations.