Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 108.34 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 82 (1) of the Civil Aviation Regulations 1988 (CAR 1988), an Australian aircraft engaged in a regular public transport operation service, and such other Australian aircraft as CASA directs, shall be equipped with such radiocommunication systems as CASA approves to ensure the safety of air navigation.
Under subregulation 82 (1) of CAR 1988, CASA has issued specifications relating to installation and performance requirements for airborne radio systems installed under regulation 82 of CAR 1988. The instructions have been issued in Civil Aviation Order 108.34 (CAO 108.34).
CAO 108.34 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 However, the opportunity has been taken to update outdated references to legislation and titles in the Order and to introduce gender-neutral wording into the Order.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 108.34 Instrument 2007]