CASA 549/09 - Amendment of instrument CASA 288/06 - Specification - examinations for aircraft maintenance engineer licence category radio

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Legislation au F2010L00064 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Order 100.93

Amendment of instrument CASA 288/06 — Specification – examinations for aircraft maintenance engineer licence category radio

 

Legislation

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.

 

CASA issues aircraft maintenance engineer licences (AME licences) under regulation 31 of the Civil Aviation Regulations 1988 (CAR 1988). Licences are endorsed with 1 or more work categories which describe the areas in which the privileges of the licence may be exercised. These categories are airframes, engines, radio, electrical and instruments.

 

Under regulation 31B of CAR 1988, the privileges conferred by an AME licence for a particular category are further refined by means of ratings which are also endorsed on the licence. The Civil Aviation Orders (CAOs) may specify ratings and the maintenance activities covered by them, for example, 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.

 

Only a qualified person may apply to CASA for the issue of an AME licence. A qualified person means a person who has passed the required examinations. Under subregulation 5 (1) of CAR 1988, the required examinations may be prescribed in CAOs.

 

Under regulation 31C of CAR 1988, examinations for particular ratings may be prescribed in CAOs. Under subsection 6 of CAO 100.93, for the grant of a licence, or the endorsement of a rating, applicants must pass the relevant examinations specified by CASA.

 

Specification

Specification – examinations for aircraft maintenance engineer licence category radio (the Specification) contains the operative provisions for examinations for an AME licence in the radio category, and the examinations for the endorsement of ratings on the licence.

 

As explained and applied by a series of provisions in Schedule 1 of the Specification, the table in Schedule 1 lists the relevant examinations by reference to the core subjects, specific group subjects and specific aircraft type examinations. All core subjects are generally mandatory. 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.

 

Aviation Australia

Aviation Australia Pty Ltd (Aviation Australia) is an Australian proprietary company incorporated in Queensland with shares held on behalf of the State. The shareholder of Aviation Australia is the Minister for Education and Training, in trust, on behalf of the State of Queensland, and the Minister appoints the Board of Directors. Through the Aviation Australia Advisory Forum, Aviation Australia consults with the aviation industry in developing Aviation Australia’s programs.

 

Aviation Australia is a recognised organisation for the training and examination of candidates wishing to qualify for maintenance authorities (MAs) under CAO 100.66. Among the mandatory courses required for an MA is Module 10, Aviation Legislation, in Part 3, Appendix 4 of CAO 100.66. This course involves detailed training and examination in the Australian aviation regulatory framework for a wide range of relevant activities, including aircraft maintenance certification, type certification, commercial responsibilities, airworthiness and equipment requirements, and associated documentation requirements.

 

Specification Amendment — Airworthiness Administration

One of the core subjects required for an AME licence under the Specification is Airworthiness Administration (code AA), a course in which the examination is similar to, though not quite as exacting as, Module 10. Currently, an MA holder who has successfully completed Module 10 and who wishes to qualify as an AME holder must also pass the examination in Airworthiness Administration because under the Specification no credit is recognised for Module 10.

 

Aviation Australia has developed its Module 10 course for MA candidates in such a way that CASA is satisfied that it offers an even more effective method of training and examination in the subject matters of Airworthiness Administration. Other recognised organisations may also achieve this outcome.

 

To recognise this, CASA has amended section 4 of the Specification to provide an AME candidate with a credit for Airworthiness Administration if the candidate has knowledge of Module 10, Aviation Legislation, in Part 3, Appendix 4 of CAO 100.66, and has demonstrated the knowledge by successful examination for clause 13 of CAO 100.66, and his or her knowledge training and examination were conducted by a recognised organisation under CAO 100.66 that is specifically approved in writing for this purpose.

 

CASA approval is dependent on CASA’s satisfaction that, through Module 10, the recognised organisation can train and examine in the comprehensive specifics of Airworthiness Administration for a licence group. This is the case for Aviation Australian and a separate approval instrument will be issued for that organisation as a result of the Specification Amendment.

 

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, the Specification, and any Specification Amendment 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.

 

Regulation Impact Statement (RIS)

The amendment benefits Aviation Australia, and relevant AME candidates, and will not increase costs for, or impose any additional requirements on, the aviation industry. Therefore, the Office of Best Practice Regulation (OBPR) does not require a RIS for the Specification amendment because a preliminary assessment of the business compliance costs indicates that the Specification amendment will have only a nil to low impact on business.

 

Consultation, making and commencement

Consultation under section 17 of the LIA has not been undertaken in this case other than with Aviation Australia. The new examination credit that is being introduced is beneficial to both Aviation Australia, and relevant AME candidates. The instrument comes into effect at the start of the day after it is registered. It has been made by the Deputy Director of Aviation Safety, a delegate of CASA under regulation 7 of CAR 1988.

 

[Instrument number CASA 549/09]

Overview

The Civil Aviation Order 100.93, introduced in 2010, was enacted to amend the specifications for the examinations required to obtain an aircraft maintenance engineer (AME) licence in the radio category, and to address related ratings. The amendment was introduced by the Civil Aviation Safety Authority (CASA), which issues AME licences under the Civil Aviation Regulations 1988. The objective of this amendment is to provide flexibility and efficiency in the licensing process for AMEs by recognising credits for prior knowledge and training, specifically in the area of Airworthiness Administration. The amendment allows AME candidates who have completed a recognised organisation's Module 10 course, which is equivalent to the Airworthiness Administration course required for the AME licence, to receive credit for the examination if they have successfully passed the relevant examination for clause 13 of CAO 100.66. This amendment benefits both Aviation Australia, a recognised organisation for the training and examination of candidates, and relevant AME candidates, without imposing additional costs or requirements on the aviation industry. The Legislative Instruments Act 2003 governs the creation of the Civil Aviation Order 100.93 as a legislative instrument, which is subject to tabling and disallowance in the Parliament. However, due to the minimal impact on business compliance costs, the Office of Best Practice Regulation did not require a Regulation Impact Statement for this amendment. The amendment was made by the Deputy Director of Aviation Safety, a delegate of CASA, and came into effect on the day after its registration. The amendment was developed in consultation with Aviation Australia, and it is expected to improve the efficiency of the AME licensing process by recognising prior knowledge and training in the field of Airworthiness Administration.

Scope and Application

The Civil Aviation Order 100.93, which pertains to the specifications for examinations for aircraft maintenance engineer (AME) licence category radio, applies to individuals and entities involved in the aviation industry, specifically those seeking or endorsing ratings for the radio category on an AME licence. The scope of the Order extends to the geographic jurisdiction of Australia, as it is issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. The Order outlines the examinations required for the grant of a licence or the endorsement of a rating, which must be passed by applicants seeking qualifications in the radio category. The Order is amended to include an examination credit for Airworthiness Administration, applicable to those who have successfully completed Module 10, Aviation Legislation, as part of their maintenance authority training. This amendment benefits Aviation Australia and relevant AME candidates by offering a streamlined process for achieving the necessary qualifications. The amendment does not extend to other AME licence categories unless similarly amended. The instrument is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, and while it is not subject to a Regulation Impact Statement, consultation has been limited to Aviation Australia. The amendment comes into effect on the day after its registration.

Key Provisions

The main operative sections of the Civil Aviation Order 100.93 (the Specification) pertain to the examinations required for an Aircraft Maintenance Engineer (AME) licence in the radio category, as well as the endorsement of ratings on the licence. Section 6 of the Specification mandates that applicants must pass the relevant examinations specified by the Civil Aviation Safety Authority (CASA) for the grant of a licence or the endorsement of a rating. The core subjects, specific group subjects, and specific aircraft type examinations are listed in Schedule 1 of the Specification, with all core subjects being generally mandatory, while specific group subjects and aircraft type examinations are required depending on the rating sought by the applicant. The provision in clause 4 of Schedule 1 describes the examination credits that may be available to an applicant and allows for certain written or oral examinations to be waived if certain conditions are met. The obligations imposed by the Act on the parties or entities it governs include the requirement that only qualified persons may apply for an AME licence, which is defined as a person who has passed the required examinations. The required examinations may be prescribed in Civil Aviation Orders (CAOs) under subregulation 5(1) of the Civil Aviation Regulations 1988 (CAR 1988). Additionally, under regulation 31C of CAR 1988, examinations for particular ratings may be prescribed in CAOs. The Specification, as a legislative instrument, must be tabled and disallowed in the Parliament in accordance with the Legislative Instruments Act 2003 (LIA). The Specification Amendment introduces an examination credit for Airworthiness Administration (AA) if the candidate has knowledge of Module 10, Aviation Legislation, in Part 3, Appendix 4 of CAO 100.66, and has demonstrated the knowledge by successful examination for clause 13 of CAO 100.66. Furthermore, the candidate's knowledge training and examination must have been conducted by a recognised organisation under CAO 100.66 that is specifically approved in writing by CASA for this purpose. The amendment benefits Aviation Australia and relevant AME candidates and will not increase costs or impose any additional requirements on the aviation industry. Any breach of the provisions outlined in the Specification may result in civil or criminal consequences, depending on the nature and severity of the breach. The maximum penalties for offences under the Civil Aviation Act 1988 (the Act) may include fines and imprisonment. However, the specific penalties for breaches of the Specification are not mentioned in the provided text. The Specification, as a legislative instrument, is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.