Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 20.11 Amendment Order (No. 2) 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 207 (2) of the Civil Aviation Regulations 1988, a person must not use an Australian aircraft in a class of operations if the aircraft is not:
(a) fitted with instruments; and
(b) fitted with, or carrying, equipment, including emergency equipment;
that CASA has approved and directed.
Under paragraph 5.1.6 of Civil Aviation Order 20.11, life jackets carried in aircraft had to meet the design standards contained in Civil Aviation Order 103.13 (CAO 103.13).
Under paragraph 5.2.5, life rafts carried in aircraft had to meet the design standards contained in Civil Aviation Order 103.15 (CAO 103.15).
Those design standards were out-of-date and CAO 103.13 and CAO 103.15 have been repealed.
The Amendment Order removes the reference to CAO 103.13 from paragraph 5.1.6 and instead requires life jackets to meet a standard approved by CASA, be of an inflatable type and equipped with a whistle fitted in suitable stowage. It also removes the reference to CAO 103.15 from paragraph 5.2.5 and instead requires life rafts to meet a standard approved by 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 Civil Aviation Orders (the 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 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 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 amendment because a preliminary assessment of business compliance costs indicates that the amendment will have only a low impact on business.
The instrument commences on the day after it is registered.
The Amendment 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 20.11 Amendment Order (No. 2) 2007]
Overview
The Civil Aviation Order 20.11 Amendment Order (No. 2) 2007 was introduced to address the need for updated safety standards for life jackets and life rafts carried in Australian aircraft. Enacted under the authority of the Civil Aviation Act 1988, this amendment was made by the Acting Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA). The policy objective was to ensure that the safety equipment carried on aircraft meets current and approved standards, thereby enhancing the overall safety of air navigation. The out-of-date design standards previously referenced in Civil Aviation Orders 103.13 and 103.15 have been repealed, and new requirements have been set for life jackets and life rafts, which must now meet standards approved by CASA. This amendment is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, although it was not subject to the consultation process due to its minor nature.
Scope and Application
The Civil Aviation Order 20.11 Amendment Order (No. 2) 2007 amends the existing Civil Aviation Order 20.11 by updating the standards for life jackets and life rafts carried on Australian aircraft. The amendment applies to all persons and entities operating aircraft in Australia, encompassing various industries such as commercial airlines, private pilots, and charter operators. The geographic reach of the amendment is national, as it pertains to the operation of aircraft within Australian airspace. It is pertinent to note that the amendment does not introduce any new exclusions or exemptions; however, it does impose stricter requirements for the approval and equipment of life jackets and life rafts. The order further extends its application through subordinate instruments, which are detailed within the Civil Aviation Regulations 1988. These regulations, which are made under the authority of the Civil Aviation Act 1988, specify the mandatory requirements for instruments and equipment on aircraft, and any failure to comply could result in legal repercussions. The Amendment Order is subject to parliamentary oversight and disallowance under the Legislative Instruments Act 2003, although it is exempt from the requirement for a Regulation Impact Statement due to its minimal impact on business compliance costs.
Key Provisions
The Civil Aviation Order 20.11 Amendment Order (No. 2) 2007 amends the Civil Aviation Order 20.11, specifically relating to the safety equipment carried on aircraft. Section 20.11(2) of the Civil Aviation Regulations 1988 mandates that Australian aircraft in a class of operations must be fitted with CASA-approved instruments and equipment, including emergency equipment. The amendment modifies the requirements for life jackets and life rafts carried on aircraft. Instead of requiring life jackets to meet the now-repealed standards in CAO 103.13, the amendment stipulates that life jackets must meet a CASA-approved standard, be inflatable, and include a whistle in suitable stowage. Similarly, life rafts must now meet a CASA-approved standard, replacing the repealed requirements in CAO 103.15.
The Amendment Order imposes specific obligations on aircraft operators and owners to ensure that their aircraft are equipped with life jackets and life rafts that meet the new CASA-approved standards. This includes conducting checks to ensure that the life jackets are inflatable and equipped with whistles, and that life rafts meet the relevant CASA-approved standards. Failure to comply with these requirements could result in non-compliance with the Civil Aviation Regulations 1988, potentially leading to enforcement actions by the Civil Aviation Safety Authority (CASA).
Breach of the requirements set out in the Civil Aviation Regulations 1988, including the failure to equip aircraft with approved life jackets and life rafts, may result in civil penalties. Under subsection 21(1) of the Civil Aviation Act 1988, an operator of an aircraft commits an offence if they contravene any regulation made under the Act. The maximum penalty for such an offence is $21,000 for a corporation and $4,200 for an individual. Additionally, CASA has the authority to take enforcement actions, including issuing fines, directing the grounding of non-compliant aircraft, and taking legal action to ensure compliance with the regulations.