Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 108.56 Instrument 2007
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Subregulation 38 (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may give directions relating to the maintenance of Australian aircraft for the purpose of ensuring the safety of air navigation.
Regulation 5 of CAR 1988 provides that where CASA is empowered to issue directions, it may issue those directions in Civil Aviation Orders (CAOs).
The direction has been issued in the form of Civil Aviation Order 108.56. The Order 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 and 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 However, the opportunity has been taken to update outdated references to legislation and titles in the Order and to introduce gender-neutral wording into the Order.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 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 comes into effect on the day after it is registered.
[Civil Aviation Order 108.56 Instrument 2007]
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive legal framework governing civil aviation in Australia, addressing the need for safety regulations and oversight in the aviation sector. The Act empowers the Governor-General to make regulations necessary for ensuring the safety and efficiency of civil aviation. Civil Aviation Order 108.56, issued under the authority of the Act, provides specific directions regarding the maintenance of Australian aircraft to maintain air navigation safety. This order, which is subject to disallowance in the Parliament, was remade to ensure compliance with the Legislative Instruments Act 2003, updating outdated references and incorporating gender-neutral language without altering the existing policy. The Civil Aviation Order 108.56 is a legislative instrument made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA), ensuring that the aviation safety standards remain current and effective.
Scope and Application
The Civil Aviation Order 108.56 Instrument 2007 pertains to the maintenance of Australian aircraft and is a regulation under the Civil Aviation Act 1988. This Order applies to all entities and individuals involved in the maintenance of aircraft within Australia, ensuring adherence to safety standards for air navigation. The geographic reach of this Order is nationwide, encompassing all operations within Australia's jurisdiction. It applies to various entities including aircraft maintenance organisations, aircraft owners, and aviation technicians, focusing on the maintenance activities and procedures that must be followed to ensure compliance with safety regulations. The Order was remade to ensure it aligns with the Legislative Instruments Act 2003, and while it does not alter existing law or policy, it updates outdated references and incorporates gender-neutral language. Notably, this Order is a legislative instrument and is subject to disallowance procedures under the Legislative Instruments Act. The remake was executed without the need for consultation or a Regulation Impact Statement due to its minor and machinery nature.
Key Provisions
The main operative sections of the Civil Aviation Order 108.56 Instrument 2007 pertain to the maintenance of Australian aircraft and ensuring the safety of air navigation. Specifically, subregulation 38(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows the Civil Aviation Safety Authority (CASA) to issue directions concerning aircraft maintenance, and regulation 5 of CAR 1988 permits CASA to issue these directions in the form of Civil Aviation Orders (CAOs). This particular CAO, 108.56, is a directive aimed at maintaining safety standards in the aviation industry. The Order has been remade to ensure it complies with the Legislative Instruments Act 2003 (LIA) and incorporates updated references and gender-neutral wording without altering the existing law or policy.
The obligations imposed by this Act on the parties it governs, particularly CASA, include the duty to ensure that all maintenance activities on Australian aircraft adhere to the safety standards outlined in CAO 108.56. CASA must issue and enforce these maintenance directives to prevent any compromise in air navigation safety. The obligations also extend to aircraft owners and operators, who must comply with the maintenance requirements stipulated by CASA to ensure their aircraft meet the safety standards. This encompasses regular inspections, maintenance checks, and timely repairs as directed by CASA.
Failure to comply with the provisions of CAO 108.56 can lead to various civil and criminal consequences. Under the Civil Aviation Act 1988, any breach of the maintenance requirements could result in penalties. While the specific penalties are not detailed in the explanatory statement, they generally include fines and other sanctions that are commensurate with the severity of the breach. In cases of serious non-compliance, which may endanger air navigation safety, criminal penalties could apply, potentially including imprisonment. The exact penalties would be determined based on the specific circumstances of the breach and the relevant legislative provisions.