Civil Aviation Order 108.28 Instrument 2007

Overview

The Civil Aviation Order 108.28 Instrument 2007 is an amendment to the existing Civil Aviation Order 108.28, which was first enacted as part of the Civil Aviation Act 1988. This legislative instrument addresses the need to comply with the Legislative Instruments Act 2003 by lodging the order with the Federal Register of Legislative Instruments before the specified deadline. The Civil Aviation Order 108.28 Instrument 2007 was created to ensure that the existing regulations governing fixed pitch wooden propellers remain consistent with current legislative requirements while also updating outdated references and introducing gender-neutral language. This remake does not alter the existing legal or policy framework but serves to modernise the legislative language and ensure ongoing compliance with legislative processes. The order was issued by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), under the authority granted by subsection 84A(2) of the Civil Aviation Act 1988. The instrument is subject to tabling and disallowance in the Parliament, as per the Legislative Instruments Act 2003, although consultation and a Regulation Impact Statement were deemed unnecessary due to the minor nature of the changes. The Civil Aviation Order 108.28 Instrument 2007 commenced on the day after its registration.

Scope and Application

The Civil Aviation Order 108.28 Instrument 2007 pertains to the design standards for fixed pitch wooden propellers for aircraft, operating within the framework of the Civil Aviation Act 1988. This legislation applies to all entities involved in the manufacture, maintenance, and operation of aircraft in Australia, ensuring that these components meet specific safety and design criteria. The application of this Act spans the entire Commonwealth jurisdiction, ensuring a uniform approach to aviation safety across the country. Notably, the Civil Aviation Order 108.28, which includes the design standards for fixed pitch wooden propellers, is a legislative instrument that must comply with the Legislative Instruments Act 2003. This remake, while updating outdated references and introducing gender-neutral language, maintains the existing legal framework without altering substantive law or policy. Given its nature as a minor or machinery instrument, it has not undergone extensive consultation or required a Regulation Impact Statement. The Order, effective from the day following its registration, is subject to parliamentary scrutiny and potential disallowance, reflecting the stringent oversight required for instruments impacting aviation safety.

Key Provisions

The Civil Aviation Order 108.28 Instrument 2007 outlines the design standards for fixed pitch wooden propellers for aircraft, as stipulated in section 98 of the Civil Aviation Act 1988. This order was remade to ensure compliance and consistency with the Legislative Instruments Act 2003, without altering the existing law or policy. The primary purpose of this order is to provide a modernised and updated version of the original order, incorporating gender-neutral language and correcting outdated references to legislation and titles. Under subregulation 21A(1) of the Civil Aviation Regulations 1988, the Civil Aviation Safety Authority (CASA) has the authority to issue design standards for aircraft components, including fixed pitch wooden propellers, when no design standards are currently in force. The obligations imposed by Civil Aviation Order 108.28 on the parties or entities it governs primarily revolve around compliance with the specified design standards for fixed pitch wooden propellers. Manufacturers and operators of aircraft equipped with these propellers must ensure that their propellers meet the standards outlined in this order. This includes adhering to the specific technical requirements and specifications that govern the design, manufacture, maintenance, and operation of wooden propellers. Compliance with these standards is essential to maintain the safety and airworthiness of the aircraft and to ensure the protection of passengers and crew. There are no specific offences, penalties, or civil or criminal consequences outlined in the Civil Aviation Order 108.28 Instrument 2007 itself. However, non-compliance with the design standards for fixed pitch wooden propellers could potentially lead to regulatory action under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. Penalties for non-compliance with aviation safety regulations can include fines, suspension or revocation of aircraft certificates, and other enforcement actions. The severity of these penalties would depend on the nature and extent of the non-compliance, as well as any resulting safety risks or incidents.