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 However, the opportunity has been taken to update outdated references to legislation and titles in the Order and to introduce gender-neutral wording into the Order.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]
Overview
The Civil Aviation Order 108.34 Instrument 2007 is a legislative instrument that updates and re-promulgates Civil Aviation Order 108.34 under the Civil Aviation Act 1988. This Order was originally made to ensure that Australian aircraft engaged in regular public transport operations, and other aircraft as directed by the Civil Aviation Safety Authority (CASA), are equipped with approved radiocommunication systems to ensure the safety of air navigation. The 2007 remake primarily aims to ensure compliance with the Legislative Instruments Act 2003, which requires certain legislative instruments to be lodged with the Federal Register of Legislative Instruments. Additionally, it updates outdated references and introduces gender-neutral language to the Order, without altering existing law or policy. The Order is a disallowable instrument under the Civil Aviation Act and is subject to tabling and disallowance in the Parliament. The remake does not require consultation or a Regulation Impact Statement as it is deemed to be of a minor or machinery nature.
Scope and Application
The Civil Aviation Order 108.34 Instrument 2007, issued under the Civil Aviation Act 1988, applies to Australian aircraft engaged in regular public transport operations and any other Australian aircraft as directed by the Civil Aviation Safety Authority (CASA). The primary focus of this Order is to ensure that these aircraft are equipped with radiocommunication systems approved by CASA, thereby enhancing the safety of air navigation. The Order outlines the specifications for the installation and performance requirements of these airborne radio systems, which were previously stipulated under the Civil Aviation Regulations 1988. Notably, the Order was remade to comply with the Legislative Instruments Act 2003, ensuring it is lodged with the Federal Register of Legislative Instruments. Despite the remake, there were no substantive changes to the existing law or policy, although updates to outdated references and the introduction of gender-neutral wording were incorporated. The Order is a legislative instrument and is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003.
Key Provisions
The main provisions of Civil Aviation Order 108.34 (CAO 108.34) (paragraph 1) detail the specifications and requirements for the installation and performance of airborne radio systems in Australian aircraft engaged in regular public transport operations, as directed by the Civil Aviation Safety Authority (CASA). These provisions ensure that the radio systems meet certain safety standards to maintain air navigation safety (paragraph 2). The Order lays out these specifications under the authority granted by subregulation 82(1) of the Civil Aviation Regulations 1988 (CAR 1988) and is made under section 98 of the Civil Aviation Act 1988 (the Act) (paragraph 3).
The obligations imposed by CAO 108.34 (paragraph 4) require Australian aircraft, specifically those involved in regular public transport operations and any other aircraft directed by CASA, to be equipped with radiocommunication systems that meet CASA’s approved specifications (paragraph 5). This requirement is to ensure the safety of air navigation, and compliance with these specifications is mandatory for the aircraft operators (paragraph 6). CASA’s role includes approving these systems, issuing the necessary specifications, and ensuring adherence to the standards set forth in CAO 108.34 (paragraph 7).
The consequences for non-compliance with CAO 108.34 are significant, as the Order is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA) (paragraph 8). Although no specific penalties are detailed in the Order, non-compliance with the regulations could result in serious safety implications and potential enforcement actions by CASA (paragraph 9). Given the critical nature of these requirements for air navigation safety, failure to comply with CAO 108.34 could lead to severe penalties, including fines or other regulatory actions (paragraph 10). The exact penalties would be determined by CASA in accordance with the Civil Aviation Act 1988 and related regulations.