EXPLANATORY STATEMENT
STATUTORY RULES 1983 No. 202
MINISTER OF STATE FOR AVIATION
These Statutory Rules insert into the Air Navigation Regulations a new Regulation to prohibit dishonest acts in or in relation to examinations for licences or certificates required for operation or maintenance of aircraft.
Regulation 312 BA is inserted to:
(a) prohibit performance of dishonest acts in or in relation to an examination for a licence or certificate;
(b) annul examination results obtained by such dishonest means; and
(c) ensure that applicants found to have passed an examination dishonestly shall not sit an examination for a period of twelve months from the date of the examination in relation to which the dishonest act occurred.
The Department of Aviation is charged with the responsibility to ensure that persons granted licences or certificates in relation to the operation or maintenance of an aircraft have the necessary theory qualifications to perform the duties and functions associated with that licence or certificate in a manner consistent with the highest possible standards of safety. To that end, applicants for licences and certificates are required to sit a written examination which tests their understanding of the field of knowledge necessary to perform the functions of that licence. In the past, applicants found to have cheated in an examination have been informed of that fact and that their examination result has been cancelled as a result of their conduct. This action has had no legal authority. Furthermore, there is no penalty which the Department of Aviation can apply in order to deter incidents of a like nature. The intent of the new Regulation is to give the Department the legal basis to deal with instances of cheating, and to provide penalties which will discourage similar conduct in the future.