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)]
Overview
The Civil Aviation Order 108.8 Amendment Instrument 2011 (No. 1) is an amendment to the Civil Aviation Order 108.8, which was enacted to address specific technical requirements concerning the maintenance and inspection of Australian aircraft. This amendment was introduced to ensure the continued safety of air navigation by updating the regulatory standards for the calibration of equipment used in magnetic particle inspections of aircraft components. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, and under this authority, the Civil Aviation Order was amended to require that ammeters used for recording the current during inspection must be calibrated by an accredited laboratory, rather than a NATA registered laboratory as previously required. This change is intended to enhance the accuracy and reliability of the calibration process, thereby supporting the overarching policy objective of maintaining high safety standards in the aviation sector. The amendment was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA) and is considered a minor or machinery amendment, thus exempt from extensive consultation and a Regulation Impact Statement.
Scope and Application
The Civil Aviation Order 108.8 Amendment Instrument 2011 (No. 1) pertains to the Civil Aviation Act 1988 and the Civil Aviation Order 108.8, specifically addressing the maintenance of Australian aircraft to ensure the safety of air navigation. This legislative instrument applies to all persons and entities involved in the maintenance of aircraft within Australia, including aircraft owners, operators, maintenance service providers, and inspection personnel. The amendment alters the requirement for the calibration of ammeters used in magnetic particle inspections from being conducted by a NATA registered laboratory to an accredited laboratory that utilises a transfer standard traceable to the National Measurement Institute. This amendment ensures adherence to higher standards of measurement accuracy, thereby enhancing the safety protocols in aircraft maintenance. The geographic reach of this amendment is national, as it pertains to all Australian aircraft and maintenance activities within the country. There are no stated exclusions or thresholds specified in the Amendment Instrument; however, it is subject to the broader regulatory framework of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. Furthermore, the amendment is considered a legislative instrument under the Legislative Instruments Act 2003, necessitating its registration on the Federal Register of Legislative Instruments.
Key Provisions
The Civil Aviation Order 108.8 Amendment Instrument 2011 (No. 1) introduces modifications to the Civil Aviation Order 108.8 (CAO 108.8), which pertains to the inspection of aircraft, aircraft components, and aircraft materials for flaws using magnetic particle inspection. According to subregulation 38(1) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) is authorised to issue directions for the maintenance of Australian aircraft to ensure the safety of air navigation. This amendment modifies the procedures for the control of magnetic particle materials and equipment, specifically altering the requirements for the calibration of ammeters used during inspections (subregulation 5(3) of CAR 1988 and clause 4 of Appendix III in CAO 108.8). The amendment mandates that ammeters must now be calibrated by an accredited laboratory that uses a transfer standard traceable to the National Measurement Institute, rather than requiring calibration by a NATA registered laboratory as was previously the case. The changes are aimed at ensuring higher accuracy and reliability in the inspection process.
The obligations imposed by this Amendment Instrument are primarily concerned with the maintenance and inspection standards for aircraft. Operators and owners of Australian aircraft must ensure that the equipment used for magnetic particle inspections meets the updated calibration requirements. This involves using an accredited laboratory for calibration purposes and ensuring that the calibration is traceable to the National Measurement Institute. The requirement for compliance with these standards is crucial for maintaining the safety and integrity of air navigation, as stipulated by section 98 of the Civil Aviation Act 1988 (the Act).
Failure to comply with the provisions of this Amendment Instrument could result in potential safety risks, although specific offences, penalties, or consequences for non-compliance are not detailed in the provided text. However, under the broader framework of the Civil Aviation Act 1988, non-compliance with safety regulations can lead to enforcement actions, which might include fines, suspension of operations, or other regulatory measures to ensure adherence to safety standards. The precise penalties would depend on the nature and severity of the non-compliance as determined by CASA. The Legislative Instruments Act 2003 (LIA) also stipulates that amendments such as these are subject to parliamentary oversight, including tabling and disallowance provisions, ensuring that any legislative changes are properly scrutinised.