Federal Register of Legislation - Australian Government

Primary content

Civil Aviation Order 108.28 Instrument 2007

Authoritative Version
Orders/Civil Aviation as made
This instrument repeals and remakes Civil Aviation Order 108.28 (Specification — manufacture of fixed pitch wooden propellers).
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 21 Dec 2007
Tabling HistoryDate
Tabled HR12-Feb-2008
Tabled Senate12-Feb-2008

Explanatory Statement

Civil Aviation Act 1988

Civil Aviation Order 108.28 Instrument 2007


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 21A (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may issue a design standard for an aircraft component for which no design standards are in force.

Under subregulation 21A (1) of CAR 1988, CASA has issued design standards relating to fixed pitch wooden propellers. These design standards have been issued in Civil Aviation Order 108.28 (CAO 108.28).

CAO 108.28 was made before 1 January 2000 and under the Legislative Instruments Act 2003 (the LIA), the Order must be lodged with the Federal Register of Legislative Instruments before 31 December 2007. The Order is being remade solely for the purpose of ensuring compliance and consistency with the LIA and does not involve any changes in existing law or policy in the Order. However, the opportunity has been taken to update outdated references to legislation and titles in the Order and to introduce gender-neutral wording into the Order.

Legislative Instrument 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 (CAOs), such CAOs are declared to be disallowable instruments. Under subparagraph 6 (d) (i) of 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 remake 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 instrument is a remake of an existing instrument solely for the purposes of the LIA and is of a minor or machinery nature.

Office of Best Practice Regulation (OBPR)

OBPR does not require a Regulation Impact Statement because the remake is of a minor or machinery nature.

The Order has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.

The instrument commences on the day after it is registered.

[Civil Aviation Order 108.28 Instrument 2007]