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 These specifications were out-of-date.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]
Overview
The Civil Aviation Order 108.50 Instrument 2007 was enacted to address the outdated specifications of anti-collision lights outlined in the Civil Aviation Order 108.50. This legislation was introduced to ensure that the display and performance requirements for anti-collision lights on aircraft were consistent with contemporary standards. The instrument was made by the Acting Director of Aviation Safety, on behalf of the Civil Aviation Safety Authority (CASA), under subsection 84A(2) of the Civil Aviation Act 1988. The policy objective was to update the technical specifications to align with standards such as the Technical Standard Order C96a issued by the Federal Aviation Administration of the United States of America, thereby enhancing the safety of air navigation. This Order also incorporates a saving provision to allow the continued use of lighting installed before the commencement of the Order, provided it complied with the previous regulations.
Scope and Application
The Civil Aviation Order 108.50 Instrument 2007 applies to aeroplane operators and pilots in command who must ensure compliance with the specified display and performance requirements for anti-collision lights as outlined in the Civil Aviation Regulations 1988. These regulations, in turn, are made under the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. The instrument establishes that anti-collision lights must be consistent with the Technical Standard Order C96a issued by the Federal Aviation Administration of the United States of America, or another standard acceptable to the Civil Aviation Safety Authority (CASA). The geographic and jurisdictional reach of this instrument is national, affecting all commercial and private aviation activities within Australia. The instrument is subject to disallowance under the Legislative Instruments Act 2003, although no consultation was necessary as the amendments were deemed minor. The saving provision allows for the continued use of lighting systems installed before the commencement of the Order, provided they complied with CAO 108.50 prior to its repeal. The instrument commenced on the day after it was registered and was made by the Acting Director of Aviation Safety on behalf of CASA.
Key Provisions
The Civil Aviation Order 108.50 Instrument 2007 primarily updates and replaces the outdated requirements for anti-collision lights on aeroplanes as stipulated under subsection 196(1A) and (3) of the Civil Aviation Regulations 1988. According to subsection 98(1) of the Civil Aviation Act 1988, this Order is a legislative instrument made by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. It specifies that aeroplanes must display anti-collision lights consistent with Technical Standard Order C96a, issued by the Federal Aviation Administration of the United States, or another standard acceptable to CASA. This ensures that the lighting systems on aeroplanes meet up-to-date safety standards.
Operators and pilots in command of aeroplanes are required to comply with the updated specifications outlined in the Order. They must ensure that the anti-collision lights installed on their aeroplanes are visible as specified and adhere to the colour specifications and intensity levels set by CASA, taking into account Annex 8 of the Chicago Convention. The Order also includes a saving provision, allowing the continued use of lighting systems that were installed prior to the Order's commencement, provided they complied with the requirements of CAO 108.50 at the time of installation.
The Instrument is a legislative instrument under the Legislative Instruments Act 2003, meaning it is subject to tabling and disallowance in the Parliament. Although consultation under section 17 of the LIA was not undertaken due to the minor nature of the amendments, the Office of Best Practice Regulation did not require a Regulation Impact Statement because the anticipated impact on businesses is minimal. Failure to comply with the requirements set out in this Order may result in penalties under the Civil Aviation Act 1988, although specific penalties are not detailed in the Order itself. The instrument commences on the day after it is registered, and the Order has been made by the Acting Director of Aviation Safety on behalf of CASA.