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.
Overview
The Statutory Rules 1983 No. 202, enacted by the Minister of State for Aviation, introduce a new regulation into the Air Navigation Regulations to address the issue of dishonesty in examinations for licences or certificates required for the operation or maintenance of aircraft. This legislation aims to fill a critical gap by providing the Department of Aviation with legal authority to address dishonest acts during such examinations, ensuring that applicants who engage in cheating are appropriately sanctioned. The policy objective is to uphold the highest standards of safety by ensuring that only qualified individuals obtain these certifications.
The new regulation, inserted as Regulation 312 BA, prohibits the performance of dishonest acts in or in relation to an examination, annuls examination results obtained through dishonest means, and ensures that applicants found to have passed an examination dishonestly are barred from sitting another examination for a period of twelve months. This statutory measure aims to deter future instances of dishonesty by imposing clear legal penalties, thereby reinforcing the integrity of the certification process for aviation professionals.
Scope and Application
The Air Navigation Regulations are amended to include a new Regulation 312 BA, which applies to any person participating in an examination for a licence or certificate necessary for the operation or maintenance of aircraft. This applies to all individuals who are applying for such licences or certificates within the Australian jurisdiction. The new regulation prohibits dishonest acts during these examinations, annuls results obtained through such means, and imposes a twelve-month ban on retaking the examination for those found to have engaged in dishonest conduct. This amendment extends the authority of the Department of Aviation to enforce these provisions, ensuring that the integrity of the examination process is maintained and that only suitably qualified individuals are granted licences or certificates. There are no specified exclusions or exemptions, and the regulation’s application is broad, covering all persons within its scope. Any further clarification or extension of these provisions may be provided through subordinate instruments.
Key Provisions
The key operative sections of the Statutory Rules (No. 202) pertain to the introduction of a new regulation (Regulation 312BA) into the Air Navigation Regulations (1996). This new regulation specifically prohibits dishonest acts in or in relation to examinations required for obtaining licences or certificates for the operation or maintenance of aircraft (section 312BA(a)). It also provides for the annulment of examination results achieved through such dishonest means (section 312BA(b)). Furthermore, applicants found guilty of passing an examination dishonestly are prohibited from sitting another examination for a period of twelve months from the date of the dishonest act (section 312BA(c)).
The Act imposes several obligations and requirements on parties involved in the aviation sector. It mandates that individuals who seek to obtain a licence or certificate for aircraft operation or maintenance must sit and pass a written examination that tests their theoretical knowledge. This requirement ensures that those granted licences or certificates possess the necessary qualifications to perform their duties safely and effectively. The Department of Aviation has the responsibility to oversee this process and ensure that all applicants meet these standards. Additionally, the Act mandates that any act of dishonesty during an examination must be addressed by annulling the examination results and imposing a twelve-month examination ban on the offender.
Breaching the provisions of the new regulation can lead to serious consequences. Under section 312BA, any individual found to have engaged in dishonest acts during an examination will have their examination results annulled. Moreover, they will be prohibited from sitting any further examinations for a period of twelve months from the date of the dishonest act. This regulation aims to deter dishonest conduct by imposing a significant penalty that directly impacts the individual's ability to continue their aviation career. The absence of a stated maximum penalty in the explanatory statement suggests that the exact penalties could be determined in accordance with broader legal frameworks governing administrative actions and professional misconduct.