Civil Aviation Order 108.23 Repeal Order 2007

Overview

The Civil Aviation Order 108.23 Repeal Order 2007 is an instrument made under the Civil Aviation Act 1988 to address the obsolescence of Civil Aviation Order 108.23, which had previously specified requirements for the use of marine plywood in aircraft. Given that the information contained in CAO 108.23 had been updated and reissued as advisory material in an Airworthiness Bulletin, the 2007 Order aimed to revoke the outdated specifications, streamlining regulatory requirements and ensuring that industry practices align with current safety standards. The Order was enacted by the Civil Aviation Safety Authority (CASA), on behalf of the Australian Government, and is subject to the legislative oversight mechanisms outlined in the Legislative Instruments Act 2003. Importantly, this Order did not necessitate a Regulation Impact Statement, as it was assessed to have a low impact on business compliance costs. The repeal of CAO 108.23 was deemed necessary to maintain the relevance and effectiveness of aviation safety regulations. By revoking the outdated order, the Australian Government ensures that the regulatory framework remains current, thereby upholding the highest safety standards in civil aviation. The Order, which came into effect on the day after registration, was made by the Acting Director of Aviation Safety, in accordance with the Civil Aviation Act. This legislative action underscores the commitment to efficient and effective regulation in the aviation sector.

Scope and Application

The Civil Aviation Order 108.23 Repeal Order 2007 applies to the revocation of Civil Aviation Order 108.23, which previously contained specifications for the use of marine plywood in aircraft. The repeal of this Order is made under the authority provided by the Civil Aviation Act 1988, which empowers the Governor-General to make regulations concerning civil aviation and the safety of air navigation. The revocation of CAO 108.23 is executed through this Order, which falls under the category of legislative instruments as declared by the Legislative Instruments Act 2003. As such, the Order is subject to the requirements of tabling and disallowance in the Parliament. Notably, this Order does not require consultation under the Legislative Instruments Act 2003 because it merely revokes an outdated Order and is not expected to have a significant impact on businesses, as determined by a preliminary assessment conducted by the Office of Best Practice Regulation. The repeal takes effect from the day following its registration.

Key Provisions

The primary operative sections of the Civil Aviation Order 108.23 Repeal Order 2007 (the Order) pertain to the revocation of Civil Aviation Order 108.23 (CAO 108.23), which was issued in August 1975 and contained specifications for marine plywood use in aircraft. This Order repeals CAO 108.23 and replaces it with advisory material in an Airworthiness Bulletin (subsection 98(1) and subregulation 36A(2) of the Civil Aviation Act 1988 (the Act)). This change effectively updates the regulatory framework to reflect current practices and information. The Order imposes specific obligations on the Civil Aviation Safety Authority (CASA), which is tasked with ensuring the safety of air navigation as outlined in the Act. CASA is required to update and revise its regulations and orders as necessary to maintain safety standards, and this Order demonstrates CASA's commitment to that mandate. Additionally, as a legislative instrument, the Order is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). This ensures that there is a level of parliamentary scrutiny and oversight over the changes made by the Order. Failure to comply with the requirements set out in the Order may result in various consequences. While the Order itself does not specify particular offences or penalties, non-compliance with the Act or its associated regulations could lead to enforcement actions by CASA. Such actions might include the issuance of directives, fines, or other regulatory sanctions. The Civil Aviation Act 1988 provides for penalties, including substantial fines and imprisonment for breaches of its provisions, reflecting the seriousness of ensuring aviation safety. The Order also addresses its legislative status under the LIA, indicating that it is a disallowable instrument and hence a legislative instrument. This classification means that the Order must be tabled in Parliament and can be subject to disallowance. The Office of Best Practice Regulation (OBPR) has determined that a Regulation Impact Statement is not required because the revocation is expected to have only a low impact on business compliance costs. This assessment underscores the minimal disruption expected from the repeal of CAO 108.23, given that the specifications have been retained as advisory material. Overall, the Order streamlines and modernises the regulatory framework by revoking an outdated order and replacing it with more current advisory material. This action ensures that the regulatory requirements remain relevant and effective in maintaining the safety standards necessary for air navigation.