Explanatory Statement
Civil Aviation Order 100.91
Specification — examinations for aircraft maintenance engineer licence category airframes
Legislation
Section 98 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.
Prior to the commencement on 27 June 2011 of Part 66 – Continuing airworthiness – aircraft engineer licences and ratings of the Civil Aviation Safety Regulations 1998 (CASR 1998) (CASA’s current aircraft maintenance engineer licensing system), CASA issued aircraft maintenance engineer licences (AME licences) under regulation 31 of the Civil Aviation Regulations 1988 (CAR 1988). These licences were endorsed with 1 or more maintenance categories which described the areas in which the privileges of the licence could be exercised. These categories were airframes, engines, radio, electrical and instruments.
Under regulation 31B of CAR 1988, the privileges conferred by an AME licence for a particular category were further refined by means of ratings which were also endorsed on the licence. In addition, Civil Aviation Orders (the CAOs) specified ratings and the maintenance activities covered by them, for example, Civil Aviation Order (CAO) 100.91 for the category airframes, CAO 100.92 for the category engines, CAO 100.93 for the category radio, CAO 100.94 for the category electrical, and CAO 100.95 for the category instruments.
Under regulation 31 of CAR 1988, only a qualified person could apply to CASA for the issue of an AME licence. A qualified person meant a person who passed the required examinations. Under subregulation 5 (1A) of CAR 1988, the required examinations could be prescribed in the CAOs.
Under regulation 31C of CAR 1988, examinations for particular ratings could be prescribed in the CAOs. Under subsection 6 of CAO 100.91, for the grant of a licence, or the endorsement of a rating in the category airframes, applicants must pass the relevant examinations specified by CASA. CASA 202/14 is the instrument that specifies the relevant examinations.
Regulations 31, 31B and 31C of CAR 1988 were repealed by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1) (SLI No 328 of 2010) on 27 June 2011. However, regulation 202.344 of CASR 1998 is a transitional provision that keeps the operation of these provisions effective, as if in force immediately before 27 June 2011, effectively allowing an individual to apply for a Part 66 licence using the CAR 31 licensing examination system until the end of 26 June 2015.
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Instrument
The instrument contains the operative provisions for examinations for an AME licence in the airframes category and the examinations for the endorsement of ratings on the licence. The instrument repeals CASA 286/06 as amended (also known as F2010C00090) and remakes the instrument with substantially similar content, with an amendment to subclause 4 (1A) of the instrument to reference the Part 66 Manual of Standards (MOS) of CASR 1998, for demonstration of knowledge during an examination conducted by a Maintenance Training Organisation. The references to CAO 100.66 (which has been repealed) have been amended to refer to the Part 66 MOS, which superseded and repealed CAO 100.66. For the avoidance of doubt, CASA 286/06 (also known as F2006L03273) is also repealed.
As explained and applied by a series of provisions in Schedule 1 of the instrument, Table 1 in Schedule 1 specifies the relevant examinations by reference to the core subjects, specific group subjects and specific aircraft type examinations. All core subjects are mandatory with additional mandatory subjects for a specific aircraft type for licence groups 1 and 7 (aeroplane structures and ancillary systems), group 2 (helicopter aerodynamics structures and controls), group 3 (wooden structures), group 4 (fabric and doping) and group 5 (power fluid systems). Specific group subjects are required depending on the rating which a person seeks to have endorsed on the licence. Specific aircraft type examinations are required if the person seeks a rating for that specific aircraft type.
The provisions in clause 4 of Schedule 1 describe the examination credits that may be available to an applicant, and provide for certain written or oral examinations to be waived if conditions are met.
Legislative Instruments Act
Under subsection 5 (1) of the Legislative Instruments Act 2003 (the LIA), if an instrument is of a legislative character and made in the exercise of a power delegated by the Parliament, it is a legislative instrument for the purposes of the LIA. Because of its prescriptive character in setting out the examination requirements for all candidates, the instrument is considered to be a legislative instrument and is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The amendment to subclause 4 (1A) of the instrument is of a minor and machinery nature. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
The repeal of CASA 286/06 and its remaking with a minor amendment does not alter the existing examination arrangements with industry. Like CASA 286/06, this instrument allows for examination credit that is beneficial to relevant licence candidates, and does not impose regulatory compliance costs. OBPR previously conducted an assessment of CASA 286/06 when it was proposed to be introduced and advised that a Regulation Impact Statement would not be required since it would have a nil to low impact on business. CASA 202/14 operates identically to CASA 286/06.
Making and commencement
The repeal instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act and under subsection 6 of CAO 100.91.
The instrument commences on the day after registration.
[Instrument number CASA 202/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Specification — examinations for aircraft maintenance engineer licence category airframes
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
This instrument specifies the examination requirements for candidates seeking to hold a maintenance engineer licence for the category airframes. Table 1 in Schedule 1 specifies the relevant examinations by reference to the core subjects, specific group subjects and specific aircraft type examinations.
The instrument has a beneficial effect to industry, allowing for examination credits and waivers where requirements have been met.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority