Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — from welding training for grant of aircraft welding authority
Legislation
Subsection 20AB (2) of the Civil Aviation Act 1988 (the Act) provides that it is an offence for a person to carry out maintenance on Australian aircraft or aeronautical products if the person is not permitted by or under the regulations to carry out that maintenance.
Division 3 of Part 4 of the Civil Aviation Regulations 1988 (CAR 1988) provides for the granting of aircraft welding authorities.
Under subregulation 33D (1) of CAR 1988, the Civil Aviation Safety Authority (CASA) may grant an application for an aircraft welding authority if satisfied that the applicant has met the following requirements:
- aircraft welding examination requirement: the applicant must have passed aircraft welding examinations CASA considers necessary in the interests of the safety of air navigation (subparagraph 33D (1) (a) (i))
- welding training requirement: the applicant must have successfully completed welding training in the type of manual welding on the parent metal group to which the application relates (subparagraph 33D (1) (a) (ii)).
Alternatively, CASA may grant an application where the applicant holds a relevant qualification issued by the Defence Force or an authority of a foreign country recognised by CASA. However, these types of applications are not affected by the instrument.
Welding training is defined in regulation 29A of CAR 1988 as practical and theoretical training that is based on Australian Standard 1796 as in force from time to time and that is conducted by an organisation that carries out training in welding. Regulation 29A of CAR 1988 also sets out the types of manual welding and parent metal groups.
Under subregulation 33D (6) of CAR 1988, the maximum period for an aircraft welding authority is 2 years.
A person who holds an aircraft welding authority can apply for renewal of the authority under regulation 33G of CAR 1988, within 3 months before the authority expires. CASA may renew the aircraft welding authority if satisfied that the applicant has met the aircraft welding examination requirement. The welding training requirement does not apply when an application for renewal is made within 3 months before expiry.
An issue has arisen where a person who held an aircraft welding authority does not apply for renewal before expiry. In this situation, the person may have to apply for the grant of an aircraft welding authority under regulation 33D of CAR 1988 and meet the welding training requirement. As the welding training requirement has changed over time, an applicant who previously held an aircraft welding authority may need to undertake further training.
Applicants in this situation include:
- a person who has missed the renewal date in error
- a person who has not had an aircraft welding authority for a long period (but may have continued aircraft welding under a different authorisation, such as subregulation 42ZC (6) of CAR 1988).
Exemption
The instrument is made under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998). Subregulation 11.160 (1) of CASR 1998 allows CASA to grant an exemption from compliance with a provision of CAR 1988, CASR 1998 or the Civil Aviation Orders in relation to a matter mentioned in subsection 98 (5A) of the Act. Paragraph 98 (5A) (a) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft.
The instrument exempts an applicant for an aircraft welding authority who previously held an aircraft welding authority from the welding training requirement. Whilst it is necessary and prudent to require welding training for a new applicant, CASA considers safety to have been maintained if the exemption is utilised by a person who met the initial welding training requirement for the expired aircraft welding authority.
The exemption applies where the previous aircraft welding authority expired within 10 years before the date the applicant submitted the application for the new aircraft welding authority. The exemption does not apply where the aircraft welding authority was suspended at the time of expiry, or was cancelled rather than expired due to the passage of time. The exemption only applies in relation to the type of manual welding on the parent metal groups covered by the previous aircraft welding authority. The applicant is required to submit evidence of the previous aircraft welding authority and types of manual welding and parent metal groups covered by the authority.
The exemption is being granted so that applicants with an expired aircraft welding authority do not need to incur the cost and inconvenience of undertaking further training, which would not have been required if the authority had not expired.
Under subregulation 11.170 (3) of CASR 1998, when granting an exemption, CASA must regard as paramount the preservation of a level of aviation safety that is at least acceptable.
Legislative Instruments Act 2003 (the LIA)
Subsection 98 (5AA) of the Act provides that an instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The instrument applies to a class of persons, being all applicants who meet the requirements in section 2 of the instrument. The exemption is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The instrument has been made in response to feedback CASA has received from applicants for aircraft welding authorities whose previous authorities have expired.
Currently aircraft welding authorities are granted by CASA under Division 3 of Part 4 of CAR 1988. Having the administration of aircraft welding authorities dealt with by these regulations could, in some instances, require CASA to make decisions that do not best reflect the particular circumstances of an application or renewal.
CASA is considering updating the legislation covering maintenance permissions for aircraft welding, including making it capable of being responsive to changes in technology and practice. CASA intends to propose amendments to CAR 1988 to make the necessary changes. This instrument has been made in anticipation of those more extensive changes. If required, further consultation will occur in relation to any amendments which are proposed.
Consequently, CASA considers that no further consultation is necessary or appropriate at this stage.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument commences on the day after registration and expires at the end of September 2017, as if it had been repealed by another instrument.
[Instrument number CASA EX174/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — from welding training for grant of aircraft welding authority
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
The instrument exempts a class of applicants for an aircraft welding authority from the requirement in subparagraph 33D (1) (a) (ii) of the Civil Aviation Regulations 1988 to have completed welding training in the type of manual welding on the parent metal group to which the application relates. The class is those applicants who held an aircraft welding authority which expired within 10 years before the date the application was submitted (and which was not cancelled, or suspended at the time it expired). The applicant is required to submit evidence of the previous aircraft welding authority and types of manual welding and parent metal groups covered by the authority.
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