Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 108.36 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 21A (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue a design standard for an aircraft component for which no design standards are in force.
Under subregulation 21A (1) of CAR 1988, CASA has issued a design standard relating to Ground Proximity Warning Systems. These design standards have been issued in Civil Aviation Order 108.36 (CAO 108.36).
CAO 108.36 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 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 However, the opportunity has been taken to update outdated references to legislation and titles in the Order and to introduce gender-neutral wording into the Order.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 108.36 Instrument 2007]
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework governing civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and under this authority, the Civil Aviation Safety Authority (CASA) has issued various design standards for aircraft components, including Ground Proximity Warning Systems, which are detailed in Civil Aviation Order 108.36 (CAO 108.36). In 2007, CAO 108.36 was remade to comply with the Legislative Instruments Act 2003, ensuring its registration on the Federal Register of Legislative Instruments, without altering any existing law or policy. The remake also involved updating outdated references and introducing gender-neutral language. This legislative action was undertaken by CASA, on behalf of the Director of Aviation Safety, and the remade Order is subject to tabling and disallowance in Parliament under the Legislative Instruments Act. Given that the remake was a minor or machinery nature update, no consultation or Regulation Impact Statement was required.
Scope and Application
The Civil Aviation Order 108.36 Instrument 2007, as a remake of an existing instrument, applies to the issuance of design standards for aircraft components under the Civil Aviation Act 1988. Specifically, it concerns Ground Proximity Warning Systems and is made in accordance with section 98 of the Act, which empowers the Governor-General to create regulations for aviation safety. The Order applies to aircraft manufacturers, operators, and other entities involved in the design, manufacture, and maintenance of aircraft components within the Australian jurisdiction. It serves to ensure compliance with the Civil Aviation Regulations 1988 and the Legislative Instruments Act 2003 by updating references and incorporating gender-neutral wording. The Order is subject to disallowance by Parliament under sections 38 and 42 of the LIA. Notably, this remake does not alter existing law or policy but is purely for legislative compliance and consistency.
Key Provisions
The Civil Aviation Order 108.36 Instrument 2007 pertains to design standards for aircraft components, specifically Ground Proximity Warning Systems (GPWS). Under section 98(1) of the Civil Aviation Act 1988, the Governor-General can make regulations for the Act, and under subregulation 21A(1) of the Civil Aviation Regulations 1988, the Civil Aviation Safety Authority (CASA) can issue design standards for aircraft components where no such standards exist. This authority has been exercised to produce CAO 108.36, detailing the design standards for GPWS. These standards are essential for ensuring the safety and reliability of aircraft operations, particularly in preventing accidents related to controlled flight into terrain.
The Order imposes specific obligations on manufacturers and operators of aircraft to ensure that any GPWS installed in their aircraft meet the design standards outlined in CAO 108.36. This includes compliance with the technical specifications, installation protocols, and ongoing maintenance requirements. Manufacturers must ensure that their GPWS designs adhere to the standards, while operators must ensure that any GPWS installed and in use on their aircraft conform to these standards. This comprehensive oversight aims to maintain a high level of safety in air navigation.
Failure to comply with the design standards set out in CAO 108.36 can result in significant legal consequences. While specific offences and penalties are not detailed within the Order itself, non-compliance generally results in regulatory action by CASA. This may include fines, the grounding of non-compliant aircraft, or other enforcement actions deemed necessary by CASA to ensure compliance with aviation safety standards. The severity of the penalties can vary based on the nature and extent of the non-compliance, but they are designed to enforce adherence to safety regulations and protect public safety.