Civil Aviation Order 108.6 Repeal Order 2007

Overview

The Civil Aviation Order 108.6 Repeal Order 2007 (F2007L04869) was enacted to repeal Civil Aviation Order 108.6, which had specified methods of calibrating and compensating aircraft magnetic compasses. This repeal was enacted under Section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations. The Civil Aviation Order 108.6, issued by the Civil Aviation Safety Authority (CASA), was no longer necessary, thus prompting its repeal. The repealing order was made by the Director of Aviation Safety on behalf of CASA in accordance with the Civil Aviation Act. Given the nature of the repeal, a Regulation Impact Statement was deemed unnecessary as it was of a minor or machinery nature. Furthermore, the order is a legislative instrument under the Legislative Instruments Act 2003, and thus, it is subject to tabling and disallowance in the Parliament. The instrument takes effect on the day following its registration.

Scope and Application

The Civil Aviation Order 108.6 Repeal Order 2007 pertains to the repeal of Civil Aviation Order 108.6, which previously specified methods for calibrating and compensating aircraft magnetic compasses. This repeal was enacted under Section 98 of the Civil Aviation Act 1988, which grants the Governor-General the authority to make regulations. The Civil Aviation Order was issued by the Civil Aviation Safety Authority (CASA) under Subregulation 5(1) of the Civil Aviation Regulations 1988, which allows CASA to issue directions in the form of Civil Aviation Orders where it has the requisite powers. Given that the repeal is considered minor and of a machinery nature, a Regulation Impact Statement was deemed unnecessary. Furthermore, the Repeal Order is classified as a legislative instrument under the Legislative Instruments Act 2003 and is subject to the requirements of tabling and disallowance in Parliament. The instrument was made by the Director of Aviation Safety on behalf of CASA, in line with the provisions of the Civil Aviation Act 1988, and it came into effect on the day following its registration.

Key Provisions

The Civil Aviation Order 108.6 Repeal Order 2007 pertains to the repeal of Civil Aviation Order 108.6, which specified methods for calibrating and compensating aircraft magnetic compasses. This repeal is executed under the authority granted by Section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations. The actual repeal is carried out by subregulation 5(1) of the Civil Aviation Regulations 1988, which empowers the Civil Aviation Safety Authority (CASA) to issue directions through Civil Aviation Orders (CAOs). The necessity of the repeal arises from the fact that the content of Order 108.6 is no longer required, rendering it obsolete. The repeal of Civil Aviation Order 108.6 imposes specific obligations on CASA and any entities governed by the repealed order. CASA, acting under the authority of the Civil Aviation Act 1988, must ensure that the methods specified in Order 108.6 are no longer enforced or applied. Entities such as aircraft manufacturers, operators, and maintenance organisations must comply with the updated regulations and directives as provided by CASA, ensuring their aircraft comply with current safety and operational standards. For breaches related to the repealed regulations, the Civil Aviation Act 1988 and associated regulations may provide for both civil and criminal consequences. Although the specific penalties are not detailed within the repeal order, they typically include fines and potential imprisonment for serious violations. The exact penalties would be determined by the relevant sections of the Civil Aviation Act 1988 and any related regulations. The repealed Order, being a legislative instrument, is also subject to the provisions of the Legislative Instruments Act 2003, which requires the instrument to be tabled and allows for its disallowance in Parliament under sections 38 and 42 of the LIA. This ensures transparency and accountability in the legislative process.