EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
REVOCATION AND REPLACEMENT OF SECTION 100.90
ADMINISTRATION AND PROCEDURE — AIRCRAFT MAINTENANCE ENGINEER LICENCES — GENERAL REQUIREMENTS
Subregulation 31 (1) of the Civil Aviation Regulations 1988 (CAR 1988) states that a qualified person (as defined) may apply to the Civil Aviation Safety Authority (CASA) for the issue of an aircraft maintenance engineer licence in one or more of the specified categories in that subregulation.
Subregulation 31 (2) of CAR 1998 states that CASA may, when issuing an aircraft maintenance engineer licence or at any time while such a licence is in force, enter an endorsement on the licence specifying the limits of the work to which the licence relates.
Subregulation 31 (3) of CAR 1998 states that CASA may, to ensure the safety of air navigation, include in an aircraft maintenance engineer licence an endorsement that the licence is issued subject to a condition set out in a Part or Section of the Civil Aviation Orders.
Section 100.90 of the Civil Aviation Orders contained general requirements relating to the issue of such licences. There were definitions of various terms, a description of the preliminary examinations that must be passed for the grant of a licence, and requirements for renewal. It provided that a licence may be issued with ratings endorsed. It also contained descriptions of the maintenance work covered by each of the categories into which a licence may fall.
This Order revokes and remakes section 100.90. This has been done as part of a scheme to review the Civil Aviation Orders, and, in particular, to ensure that they are in a position to meet the technical requirements of the Legislative Instruments Act 2003 when it comes into effect on 1 January 2005. The remake does not involve any changes in existing law or policy in the Order. The Order is being remade solely for the purpose of ensuring compliance and consistency with the Legislative Instruments Act 2003 when it commences on 1 January 2005. However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.
The Office of Regulation Review has stated that a Regulation Impact Statement is not necessary because the remake is of a minor or machinery nature.
The Order has been issued by the Director of Aviation Safety in accordance with subsection 84A (2) of the Civil Aviation Act 1988.
The Order came into effect on gazettal.
[Civil Aviation Amendment Order (No. R86) 2004]
Overview
The Civil Aviation Amendment Order (No. R86) 2004, issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988, revokes and remakes section 100.90 of the Civil Aviation Orders. This Order was enacted to ensure compliance and consistency with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The objective is to align the Civil Aviation Orders with the technical requirements of the new Act, while also taking the opportunity to update outdated references to legislation and introduce gender-neutral wording into the Order. No changes in existing law or policy were made; the Order is of a minor or machinery nature, and therefore, a Regulation Impact Statement was deemed unnecessary by the Office of Regulation Review. The Order came into effect upon gazettal.
Scope and Application
The Civil Aviation Regulations 1988, as amended, apply to the issue of aircraft maintenance engineer licences by the Civil Aviation Safety Authority (CASA). The regulations apply to qualified individuals who seek to obtain such licences for various categories of maintenance work. The scope of the regulations includes the definition of a qualified person, the process for applying for a licence, the conditions under which the licence may be issued or endorsed, and the criteria for licence renewal. The Civil Aviation Orders, which have been revoked and remade through this Order, further detail the procedures and requirements for obtaining and maintaining an aircraft maintenance engineer licence, including the necessary examinations and the maintenance work covered by each licence category. The regulations and orders apply nationally across Australia, given their foundation in the Commonwealth's Civil Aviation Act 1988. The revocation and replacement of section 100.90 of the Civil Aviation Orders are purely administrative, aimed at ensuring compliance with the Legislative Instruments Act 2003, with no substantive changes to existing law or policy. The remake also includes updates to outdated references and the introduction of gender-neutral language. The application of these regulations and orders is not restricted by any specific exclusions or exemptions outlined in the text, and any additional conditions or procedural details may be further defined through subordinate instruments issued by CASA.
Key Provisions
The Civil Aviation Amendment Order (No. R86) 2004 (Order) revokes and remakes section 100.90 of the Civil Aviation Orders (CAO), with the aim of aligning these provisions with the Legislative Instruments Act 2003, which comes into effect on 1 January 2005. This remake ensures compliance and consistency with the new legislative framework, while preserving the existing legal and policy context. It also updates references to outdated legislation and introduces gender-neutral wording. Section 31(1) of the Civil Aviation Regulations 1988 (CAR 1988) allows qualified persons to apply to the Civil Aviation Safety Authority (CASA) for an aircraft maintenance engineer licence in one or more specified categories. Section 31(2) enables CASA to endorse the licence with work limitations, while Section 31(3) allows for the inclusion of conditions specified in the CAO to ensure the safety of air navigation.
The Order imposes several obligations on parties involved in the issuance and management of aircraft maintenance engineer licences. The Civil Aviation Safety Authority (CASA) is responsible for issuing such licences to qualified persons, as defined, and for endorsing these licences with work limitations and conditions as necessary. This includes ensuring that the safety of air navigation is upheld by imposing conditions specified in the Civil Aviation Orders (CAO). Additionally, CASA must ensure that the licensing process adheres to the requirements outlined in the Civil Aviation Regulations 1988 (CAR 1988), including the preliminary examinations that must be passed for the grant of a licence. Licensees must comply with the conditions set on their licences and any endorsements that specify the limits of the work to which the licence relates.
Breaches of the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Orders (CAO) can lead to various civil and criminal consequences. Under the Civil Aviation Act 1988, individuals who fail to comply with the requirements for the issuance or maintenance of an aircraft maintenance engineer licence may be subject to penalties. These penalties can include fines and imprisonment. The specific maximum penalties for breaches of the CAR 1988 and CAO depend on the nature and severity of the offence. The Office of Regulation Review has determined that a Regulation Impact Statement is not necessary for this Order, as it is of a minor or machinery nature, meaning it does not involve substantive changes to existing law or policy. The Order was issued by the Director of Aviation Safety in accordance with subsection 84A(2) of the Civil Aviation Act 1988 and came into effect on gazettal.