Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 108.8 Amendment Instrument 2011 (No. 1)
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 38 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions relating to the maintenance of Australian aircraft for the purpose of ensuring the safety of air navigation. Subregulation 38 (2) states that a direction is not binding on a person unless it has been served on the person.
Subregulation 5 (3) of CAR 1988 states that if a direction is issued in Civil Aviation Orders (CAOs), it is taken to have been served on the person on the date on which the making of the Order is notified in the Gazette. Under the Legislative Instruments Act 2003 (the LIA), registration on the Federal Register of Legislative Instruments is taken to be the equivalent of gazettal.
Under subregulation 38 (1) of CAR 1988, CASA has issued directions relating to the inspection of aircraft, aircraft components and aircraft materials for flaws by magnetic particle inspection. The instructions have been issued in Civil Aviation Order 108.8 (CAO 108.8).
Appendix III of CAO 108.8 specifies procedures for the control of magnetic particle materials and equipment. Under clause 4 of Appendix III, ammeters used for recording the current used during inspection must be calibrated by a laboratory not less than once every 2 years. The Amendment Order amends clause 4 to require the laboratory to be an accredited laboratory utilising a transfer standard traceable to the National Measurement Institute. Previously, clause 4 required the laboratory to be a NATA registered laboratory.
Legislative Instrument Act
Under subsection 98 (5AAA) of the Act, where the regulations provide for certain instruments to be issued in the form of CAOs, such CAOs are declared to be legislative instruments. The Amendment 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
Consultation under section 17 of the LIA has not been undertaken as the amendment is of a minor or machinery nature.
Office of Best Practice Regulation (OBPR)
OBPR does not require a Regulation Impact Statement because the amendment is of a minor or machinery nature.
The Amendment Order commences on the day after registration.
The Amendment Order has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Civil Aviation Order 108.8 Amendment Instrument 2011 (No. 1)]