Civil Aviation Order 108.32 Repeal Order 2007

Overview

The Civil Aviation Order 108.32 Repeal Order 2007, enacted to address the obsolescence of Civil Aviation Order 108.32 issued in 1975, seeks to streamline and modernise aviation safety regulations. This legislative instrument, introduced under the authority of the Civil Aviation Act 1988, revokes CAO 108.32, which previously detailed specifications for electrical systems and equipment in aircraft, and which has since been incorporated into CASA Advisory Circulars. The Order was made by the Acting Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), and it operates under the Legislative Instruments Act 2003 as a disallowable instrument, subject to parliamentary oversight. The repeal of CAO 108.32 reflects a commitment to updating regulatory frameworks to better suit current safety standards and practices, while ensuring that essential specifications remain accessible through advisory materials. The Office of Best Practice Regulation has assessed that this revocation will have a minimal impact on business compliance, deeming it unnecessary to prepare a Regulation Impact Statement. Consequently, no saving provisions are required as the technical specifications have been retained as advisory material. This Order effectively modernises the regulatory approach to aircraft electrical systems and equipment, aligning with contemporary safety standards while maintaining regulatory efficiency and clarity. The instrument took effect the day after its registration.

Scope and Application

The Civil Aviation Order 108.32 Repeal Order 2007 applies to the revocation of Civil Aviation Order 108.32, which was issued in August 1975 and contained specifications for electrical systems and equipment in aircraft. This revocation is made pursuant to the Civil Aviation Act 1988, specifically under subsection 98(1) which allows the Governor-General to make regulations for the Act and the safety of air navigation. The Order applies to any person or entity involved in the aviation industry, particularly those involved in the manufacture, maintenance, and operation of aircraft electrical systems and equipment. The geographic and jurisdictional reach of this Order is national, as it pertains to the Civil Aviation Regulations 1988, which are applicable throughout Australia. There are no stated exclusions, exemptions, or thresholds in the Order itself, but the applicability of the repealed specifications would be governed by any existing compliance requirements or certifications. The legislative framework allows for the extension or restriction of application through subordinate instruments, which in this case are the Civil Aviation Regulations 1988. The revocation is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, although no consultation under section 17 of the LIA was deemed necessary for this repeal.

Key Provisions

The primary operative sections of the Civil Aviation Order 108.32 Repeal Order 2007 (the Order) involve the repeal of Civil Aviation Order 108.32 (CAO 108.32), which was originally issued in August 1975 and specified the requirements for electrical systems and equipment in aircraft. This repeal is executed under the authority provided by subsection 98(1) of the Civil Aviation Act 1988 (the Act), which allows the Governor-General to make regulations for the Act and the safety of air navigation. The revocation of CAO 108.32 is further supported by subregulation 36A(2) of the Civil Aviation Regulations 1988, which permits the Civil Aviation Safety Authority (CASA) to mandate the use of specific aircraft materials through written directions. The specifications previously outlined in CAO 108.32 have now been incorporated into CASA Advisory Circulars as advisory material, which are not subject to the same regulatory requirements as Civil Aviation Orders. The Order imposes certain obligations on the entities governed by it. These entities, primarily including aircraft manufacturers, operators, and maintenance providers, must now refer to the advisory material provided in CASA Advisory Circulars instead of CAO 108.32 for specifications related to aircraft electrical systems and equipment. This shift necessitates that these entities ensure their practices and materials comply with the updated advisory guidelines. Additionally, the Order ensures that all stakeholders are informed of the changes through the revocation of the outdated CAO 108.32 and the dissemination of the new advisory material. Breaching the requirements of the Order could result in various civil or criminal consequences, although specific offences and penalties are not detailed in the Order itself. Generally, non-compliance with Civil Aviation Orders or failure to adhere to CASA directives can lead to enforcement actions by CASA. Such actions may include fines, administrative penalties, or more severe consequences such as suspension or revocation of airworthiness certificates. The exact penalties would depend on the nature and severity of the breach, and would be determined in accordance with the provisions of the Civil Aviation Act 1988 and related regulations. The Order, being a legislative instrument, is also subject to tabling and disallowance in Parliament, as stipulated by the Legislative Instruments Act 2003.