Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 95.7 Amendment Order (No. 1) 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 2.2 of Civil Aviation Order 95.7, helicopters used in water rescue operations had to be equipped with rescue harness that complied with the requirements contained in Civil Aviation Order 103.31 (CAO 103.31).
CAO 103.31 specified the design standards for rescue harnesses. Those design standards were out-of-date. CAO 103.31 has been revoked.
The Amendment Order removes the references to CAO 103.31 from paragraph 2.2 and replaces them with references to standards 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 amendment is of a minor or machinery nature.
Office of Best Practice Regulation (OBPR)
OBPR does not require a Regulation Impact Statement for the CAO 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 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 95.7 Amendment Order (No. 1) 2007]