Civil Aviation Order 108.42 Repeal Order 2007

Overview

The Civil Aviation Order 108.42 Repeal Order 2007 was enacted to address the redundancy of Civil Aviation Order 108.42 (CAO 108.42) in the context of aircraft safety equipment. The Civil Aviation Act 1988, as amended, allows the Civil Aviation Safety Authority (CASA) to issue regulations and orders to ensure the safety of air navigation. CAO 108.42, which was established in 1975, specified requirements for the manufacture of aircraft safety belts, safety harnesses, and inertia reels. However, CASA now approves such equipment under regulation 21.305 of the Civil Aviation Safety Regulations 1998, making the specific standards outlined in CAO 108.42 obsolete. Consequently, the 2007 Repeal Order revokes CAO 108.42, streamlining regulatory requirements and aligning them with current practices. The revocation process was conducted under the authority of the Civil Aviation Act 1988 and is subject to parliamentary oversight as stipulated by the Legislative Instruments Act 2003. The Office of Best Practice Regulation determined that the revocation would have a minimal impact on businesses, thus no detailed consultation or regulation impact statement was necessary.

Scope and Application

The Civil Aviation Order 108.42 Repeal Order 2007 pertains to the Civil Aviation Act 1988 and specifically addresses the revocation of Civil Aviation Order 108.42, which previously contained specifications for the manufacture of aircraft safety belts, safety harness, and inertia reels. This order applies to all entities and individuals involved in the manufacture, installation, and maintenance of aircraft safety equipment within Australia. The repeal aligns with the current regulatory framework where the Civil Aviation Safety Authority (CASA) approves such equipment under regulation 21.305 of the Civil Aviation Safety Regulations 1998. The scope of this legislation is national, affecting all jurisdictions within Australia, as it falls under the Commonwealth's jurisdiction. The Order is subject to the Legislative Instruments Act 2003, which governs the process of disallowance and tabling in the Parliament. Given that the revocation has no impact on current practice, consultation as per section 17 of the Legislative Instruments Act was not necessary. The Office of Best Practice Regulation has determined that this repeal will have a minimal effect on business compliance costs, thereby not requiring a Regulation Impact Statement. The Order also includes a saving provision ensuring that any standards previously set out in CAO 108.42 remain valid if applied to aircraft safety equipment installed before the Order's commencement.

Key Provisions

The main operative sections of the Civil Aviation Order 108.42 Repeal Order 2007 are found in subregulation 36A(2) of the Civil Aviation Regulations 1988, which permits the Civil Aviation Safety Authority (CASA) to direct the use of specific aircraft materials. This order revokes Civil Aviation Order 108.42 (CAO 108.42), which had previously mandated specifications for aircraft safety belts, safety harnesses, and inertia reels. The revocation of CAO 108.42 aligns with the current regulatory framework where CASA now approves such equipment under regulation 21.305 of the Civil Aviation Safety Regulations 1998. The Act imposes obligations on CASA to ensure that the equipment used in aircraft for safety purposes meets the necessary specifications. With the revocation of CAO 108.42, CASA's role now involves approving equipment under the updated regulatory regime. This change streamlines the approval process and allows for more flexibility in meeting safety standards through the latest regulations. Breaching the regulations set forth in the Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 can result in significant penalties. Offences related to the use of non-compliant aircraft materials can lead to both civil and criminal consequences. Civil penalties may include fines and other sanctions imposed by CASA, while criminal penalties can result in imprisonment, reflecting the seriousness of non-compliance with aviation safety regulations. The maximum penalties for such offences are detailed within the Civil Aviation Act and the Civil Aviation Safety Regulations. As a legislative instrument, the Civil Aviation Order 108.42 Repeal Order 2007 is subject to the Legislative Instruments Act 2003. This means it must be tabled in Parliament and is subject to disallowance, ensuring that legislative processes are transparent and accountable. The Office of Best Practice Regulation has determined that this repeal has a low impact on business, thus no Regulation Impact Statement was required. The order comes into effect on the day after it is registered, marking the official repeal of CAO 108.42.