Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 108.32 Repeal Order 2007
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 36A (2) of the Civil Aviation Regulations 1988, CASA may give written directions requiring the use of aircraft materials of identified specifications.
Civil Aviation Order 108.32 (CAO 108.32) was issued in August 1975 and contained specifications for electrical systems and equipment in aircraft. This information has been rewritten as advisory material in CASA Advisory Circulars. This Order revokes CAO 108.32.
Legislative Instruments 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 (the CAOs), such CAOs are declared to be disallowable instruments. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (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 Order 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 under section 17 of the LIA has not been undertaken in this case because this Order merely revokes an Order that is outdated.
Office of Best Practice Regulation (OBPR)
OBPR does not require a Regulation Impact Statement for the revocation because a preliminary assessment of business compliance costs indicates that the revocation will have only a low impact on business.
No saving provision is required because the specifications have been preserved as advisory material.
The instrument commences on the day after it is registered.
The Order has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Order 108.32 Repeal Order 2007]