Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 108.29 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 36A (2) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give written directions requiring the use of aircraft materials of identified specifications.
Under subregulation 36A (2) of CAR 1988, CASA has issued requirements relating to the selection of timber for use in the manufacture of laminated wooden propellers. These requirements have been issued in Civil Aviation Order 108.29 (CAO 108.29).
CAO 108.29 was made before 1 January 2000 and under the Legislative Instruments Act 2003 (the LIA), the Order must be lodged with the Federal Register of Legislative Instruments 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 However, the opportunity has been taken to update outdated references to legislation and titles in the Order and to introduce gender-neutral wording into the Order.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 Civil Aviation Orders (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 108.29 Instrument 2007]
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for civil aviation in Australia, ensuring safety, efficiency, and security in air navigation and operations. One of the key objectives of this Act is to empower the Governor-General to make regulations for the safety of air navigation, as stipulated in Section 98. The Civil Aviation Order 108.29 Instrument 2007 is a regulatory measure that came into effect to ensure compliance with the Legislative Instruments Act 2003. This Order, issued by the Civil Aviation Safety Authority (CASA) under subregulation 36A(2) of the Civil Aviation Regulations 1988, addresses the selection of timber for the manufacture of laminated wooden propellers. The remake of this Order, while updating outdated references and introducing gender-neutral wording, does not alter existing law or policy. It is subject to the provisions of the Legislative Instruments Act, which mandates its tabling and potential disallowance in Parliament. This Order exemplifies the legislative intent to maintain high safety standards in aviation by specifying the materials and specifications for aircraft components.
Scope and Application
The Civil Aviation Order 108.29 Instrument 2007 applies to individuals, entities, and industries involved in the manufacture of aircraft, specifically targeting those who use laminated wooden propellers. This includes aircraft manufacturers, repair facilities, and maintenance providers who must adhere to the specifications set forth for the selection of timber. The Order operates under the jurisdiction of the Commonwealth of Australia and is enforced by the Civil Aviation Safety Authority (CASA). The scope of this Order is limited to the specifications of materials used in the manufacture of laminated wooden propellers, and it does not alter existing laws or policies beyond ensuring compliance with the Legislative Instruments Act 2003. Notably, this Order is subject to disallowance in Parliament and is considered a legislative instrument due to its nature as a Civil Aviation Order. The remake of this Order is solely for ensuring legislative consistency and updating references, without introducing any substantive changes to the existing regulatory framework.
Key Provisions
The main operative sections of the Civil Aviation Order 108.29 Instrument 2007 focus on the specifications and requirements for the selection of timber used in the manufacture of laminated wooden propellers for aircraft. According to subregulation 36A(2) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) has issued these requirements to ensure the safety and compliance of aircraft materials. The remake of Civil Aviation Order 108.29 (CAO 108.29) is intended to ensure consistency with the Legislative Instruments Act 2003 (LIA) and to update any outdated references and titles within the order. Importantly, this remake does not alter any existing laws or policies, but it provides an opportunity to introduce gender-neutral wording into the order.
The obligations and requirements imposed by this Act and the CAO 108.29 mandate that any person involved in the manufacture of laminated wooden propellers must comply with the specified timber selection requirements. These requirements are designed to ensure that the materials used meet safety standards and specifications set forth by CASA. Manufacturers, suppliers, and other relevant parties must adhere to these standards to maintain compliance with civil aviation safety regulations. The Act empowers CASA to issue written directions regarding the specifications of aircraft materials, which includes the types and qualities of timber that can be used in the construction of wooden propellers.
Failure to comply with the provisions of the Civil Aviation Order 108.29 may result in various civil or criminal consequences. While specific penalties are not detailed in the provided text, under the broader framework of the Civil Aviation Act 1988, breaches of regulations can lead to fines, imprisonment, or both, depending on the severity of the offence. The Act allows for the enforcement of penalties to ensure that all parties involved in aircraft manufacturing adhere to the stipulated safety standards. CASA retains the authority to take appropriate action against any non-compliant entities to uphold the safety and integrity of air navigation.
The Civil Aviation Order 108.29 Instrument 2007, as a legislative instrument, is subject to the requirements of the Legislative Instruments Act 2003. This includes the obligation to be tabled and potentially disallowed by Parliament under sections 38 and 42 of the LIA. Although the remake of this order is considered minor or of a machinery nature, it is still a legislative instrument and must follow the necessary legislative processes to ensure transparency and accountability. This ensures that any changes or updates to civil aviation orders are properly vetted and communicated within the legislative framework.