Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 108.50 Instrument 2007
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.
Under subregulation 196 (1A) of the Civil Aviation Regulations 1988, the operator and pilot in command of an aeroplane in flight, or operating on the manoeuvring area of a land aerodrome, must ensure that the lights required to be displayed on the aeroplane by regulation 196 are so displayed. Under subregulation 196 (3), unless CASA otherwise directs, an aeroplane in flight, or operating on the manoeuvring area of an aerodrome, must display an anti-collision light that is visible as specified in that subregulation. Under subregulation 196 (5), the colour specifications and minimum and maximum intensities of the anti-collision light must be such as CASA, having regard to Annex 8 of the Chicago Convention, specifies in Civil Aviation Orders (CAOs).
Civil Aviation Order 108.50 (CAO 108.50) specified the display and performance requirements for anti-collision lights. These specifications were out-of-date.
This Order repeals and replaces CAO 108.50 to replace the requirements with a reference to the light system being consistent with Technical Standard Order C96a issued by the Federal Aviation Administration of the United States of America as in force at the time of installation of the anti‑collision lights, or another standard acceptable to CASA.
Legislative Instruments Act
Under subsection 98 (5) of the Act, where the regulations provide for certain instruments to be issued in the form of CAOs, such CAOs are declared to be disallowable instruments. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (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 Repeal Order 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 under section 17 of the LIA has not been undertaken as the amendments are of a minor or machinery nature.
Office of Best Practice Regulation (OBPR)
OBPR does not require a Regulation Impact Statement for the Repeal Order because a preliminary assessment of business compliance costs indicates that the amendment will have only a low impact on business.
The saving provision in the Repeal Order permits the continued use of lighting if it was installed on an aircraft immediately before the commencement of the Order and complied with the requirements of CAO 108.50 as in force immediately before its repeal.
The instrument commences on the day after it is registered.
The Order has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
[Civil Aviation Order 108.50 Instrument 2007]