Civil Aviation Order 108.41 Repeal Order 2007

Overview

The Civil Aviation Order 108.41 Repeal Order 2007 was introduced to address the redundancy of certain aircraft manufacturing specifications outlined in Civil Aviation Order 108.41. This order, which was originally issued in August 1975, specified the manufacture of replacement aircraft control assemblies, but its relevance has diminished due to the Civil Aviation Safety Authority's (CASA) policy to align with the advisory material issued by the Federal Aviation Administration of the United States of America, recognised as maintenance data. The enactment of this repeal order by the Parliament of Australia, pursuant to subsection 98(1) of the Civil Aviation Act 1988, signifies a shift towards harmonising with international standards, thereby ensuring safety and efficiency in aircraft maintenance practices. The Office of Best Practice Regulation determined that the revocation of CAO 108.41 would only have a low impact on business compliance costs, thus no Regulatory Impact Statement was required. The repeal order is a legislative instrument subject to tabling and disallowance under the Legislative Instruments Act 2003.

Scope and Application

The Civil Aviation Order 108.41 Repeal Order 2007 revokes Civil Aviation Order 108.41, which previously contained specifications for the manufacture of replacement aircraft control assemblies. This repeal aligns with the Civil Aviation Safety Authority's (CASA) policy to harmonise with advisory material issued by the Federal Aviation Administration of the United States of America, which is now recognised as maintenance data. The repeal applies to all entities and persons involved in the manufacture or use of aircraft control assemblies, impacting the aviation industry broadly. The geographic reach of this repeal is national, as it pertains to the regulation of civil aviation within Australia. The repeal is subject to tabling and disallowance under the Legislative Instruments Act 2003, though no consultation was required due to the minimal impact on business compliance costs. The Order is effective from the day after its registration.

Key Provisions

The Civil Aviation Order 108.41 Repeal Order 2007 (F2007L04010) revokes Civil Aviation Order 108.41, which previously contained specifications for the manufacture of replacement aircraft control assemblies. The Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act, including safety of air navigation, as per subsection 98(1). Under the Civil Aviation Regulations 1988, CASA can issue written directions concerning aircraft material specifications, as stated in subregulation 36A(2). The order’s revocation aligns with CASA’s policy to harmonise with the Federal Aviation Administration of the United States of America’s advisory material, now recognised as maintenance data. The revoked Civil Aviation Order 108.41, which was issued in August 1975, is now obsolete as the need for its specific specifications has been superseded. The Order itself is a legislative instrument, as declared by subsection 98(5) of the Act, and is subject to tabling and disallowance under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). Despite this, consultation under section 17 of the LIA was deemed unnecessary since the revocation does not alter current practices. Moreover, the Office of Best Practice Regulation (OBPR) has determined that no Regulation Impact Statement is required due to the low anticipated impact on business compliance costs. There are no saving provisions needed as the specifications continue to be effective under the approved maintenance data. In terms of regulatory obligations, the revocation of CAO 108.41 means that any requirements previously outlined in this order are no longer enforceable. Parties or entities previously governed by these specifications must now adhere to the harmonised maintenance data. The instrument is effective from the day after it is registered, marking the official commencement of the repeal. The Order was made by the Acting Director of Aviation Safety on behalf of CASA, in compliance with subsection 84A(2) of the Act. Regarding legal consequences, the Civil Aviation Order 108.41 Repeal Order 2007 does not introduce new offences or penalties. However, any continued reliance on the now-repealed order could result in non-compliance with current regulatory standards, potentially leading to enforcement actions under the Civil Aviation Act 1988 or the Civil Aviation Regulations 1988. Penalties for non-compliance with aviation regulations can vary widely, depending on the severity and nature of the breach, but could include fines, corrective actions, or more severe sanctions in cases of significant safety violations.