Explanatory Statement
Civil Aviation Safety Regulations 1998
Directions — Qantas Airways Limited
Legislation
Subsection 9 (1) of the Civil Aviation Act 1988 (the Act) provides that CASA has the function of conducting the safety regulation, in accordance with the Act and the regulations, of civil air operations in Australian territory and of the operation of Australian aircraft outside Australian territory.
Section 98 of the Act empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Under subregulation 11.245 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue a direction about any matter affecting the safe navigation and operation, or maintenance, of aircraft.
Under subregulation 11.245 (2) of CASR 1998, a direction may only be issued if it is reasonably necessary for the safe navigation and operation, or maintenance, of aircraft, is not inconsistent with the Act and is for the purposes of CASA’s functions.
Under regulation 11.250 of CASR 1998, a direction may be in force for no longer than 1 year. A direction ceases to be in force on the day specified in it or, if no day is specified, 1 year after it commences.
Under subregulation 11.260 (2) of CASR 1998, the power to issue a direction under regulation 11.245 may only be exercised by the Director of CASA personally.
Under CASR 11.255, contravention of a direction is a strict liability offence.
Background
CASA is not satisfied that Qantas Airways Limited (the operator) has adequate control of its licensed maintenance personnel and their qualifications. This is due to information received by CASA which suggests that some unqualified/unlicensed personnel are certifying and performing maintenance on Australian aircraft operated by the operator.
Instrument of directions
The operator is directed to undertake an audit to identify and verify the currency and validity of the maintenance - and engineering-related authorisations, authorities and approvals held by all its personnel who hold an aircraft maintenance engineer licence issued under regulation 31 of the Civil Aviation Regulations 1988 (CAR 1988) or who hold an airworthiness authority issued under regulation 33B of CAR 1988 or who are authorised to approve the design of a modification or repair of an aircraft or aircraft component under regulation 35 of CAR 1988.
The purpose of this audit is to ensure that all the operator’s maintenance and engineering personnel, who are authorised to certify for the completion of maintenance or to approve a design of a modification or repair under CAR 1988, are properly qualified and authorised under the regulations to do so.
The operator is also directed to provide details of any of the operator’s aircraft, aircraft component or aircraft material certified over the 24-month period preceding the date of this direction by a specified individual.
Legislative Instruments Act 2003 (LIA)
Under subsection 98 (5A) of the Act, regulations may empower CASA to issue a direction in relation to the safe navigation and operation, or maintenance, of aircraft. Under subsection 98 (5B) of the Act, such a direction is a legislative instrument under the LIA. The direction is, therefore, a legislative instrument, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been carried out because the instrument is required as a matter of urgency in the interest of aviation safety.
The directions have been made personally by the Director of Aviation Safety in accordance with subregulation 11.260 (2) of CASR 1998.
[Instrument number CASA 82/09]