EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
REVOCATION AND REPLACEMENT OF SECTION 100.91
ADMINISTRATION AND PROCEDURE — AIRCRAFT MAINTENANCE ENGINEER LICENCES — CATEGORY AIRFRAMES
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 100.91 of the Civil Aviation Orders contained requirements relating to the issue of such licences in the category known as category airframes. It contained the various ratings into which the category is classified. It contained requirements for the issue of such ratings and also contained experience and examination requirements.
This Order revokes and remakes section 100.91. 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 However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.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. R87) 2004]
Overview
The Civil Aviation Amendment Order (No. R87) 2004 was enacted to address a legislative compliance issue with the Legislative Instruments Act 2003, which was set to take effect on 1 January 2005. This order was issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988, ensuring that the Civil Aviation Orders would adhere to the new legislative framework. The primary objective of this amendment was to ensure that the Civil Aviation Orders met the technical requirements of the Legislative Instruments Act 2003, without altering any existing laws or policies. The Order revoked and remade section 100.91 of the Civil Aviation Orders, which contained requirements for the issue of aircraft maintenance engineer licences in the category of airframes. Additionally, the opportunity was taken to update outdated references to other legislation within the Order and to introduce gender-neutral wording. The Office of Regulation Review determined that a Regulation Impact Statement was not necessary as the changes were of a minor or machinery nature.
Scope and Application
The Civil Aviation Amendment Order (No. R87) 2004 pertains to the administration and procedure for aircraft maintenance engineer licences, specifically those in the category of airframes. This Order applies to individuals who are qualified to apply for such licences through the Civil Aviation Safety Authority (CASA) and to CASA itself, which has the authority to issue these licences and impose conditions on them. The scope of the Order extends to ensuring compliance with the Legislative Instruments Act 2003, with the objective of maintaining technical requirements without altering existing policies. The Order applies nationally across Australia, as it is made under the Civil Aviation Act 1988, which has a Commonwealth jurisdiction. The Order does not introduce any new substantive requirements or exemptions; rather, it aims to ensure that the Civil Aviation Orders are consistent and compliant with legislative standards, updating outdated references and incorporating gender-neutral language. The Order came into effect immediately upon gazettal.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) outline several key provisions related to aircraft maintenance engineer licences, particularly for the category known as airframes. Under subregulation 31(1) of CAR 1988, a qualified individual can apply to the Civil Aviation Safety Authority (CASA) for a licence in one or more of the specified categories. Subregulation 31(2) allows CASA to specify the limits of the work for which the licence is applicable by entering an endorsement on the licence. Additionally, subregulation 31(3) empowers CASA to include conditions on the licence to ensure the safety of air navigation, referencing specific Parts or Sections of the Civil Aviation Orders.
The obligations imposed by these regulations are primarily on CASA and the applicants. CASA must ensure that it issues licences that comply with the specified categories, conditions, and endorsements as required by subregulations 31(1) to 31(3). The qualified individual must meet the criteria for applying for the licence and adhere to any conditions or endorsements CASA imposes on the licence. The regulations ensure that licences are issued to individuals who are suitably qualified and that the licences accurately reflect the scope of work permitted under them.
Failure to comply with these provisions can lead to civil or criminal consequences. For example, if CASA issues a licence with incorrect endorsements or conditions, it may face regulatory scrutiny or legal challenges. Individuals who do not adhere to the conditions on their licences can face penalties, including fines or the suspension or revocation of their licences. The specific penalties are not detailed in the provided text, but they can be severe, reflecting the critical importance of aviation safety.
The Civil Aviation Amendment Order (No. R87) 2004 revoked and remade section 100.91 of the Civil Aviation Orders to align with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. This remake aimed to ensure compliance and consistency with the new legislative requirements while updating outdated references and introducing gender-neutral wording. The Office of Regulation Review determined that a Regulation Impact Statement was not necessary due to the minor and machinery nature of the changes. The Director of Aviation Safety issued the Order in accordance with subsection 84A(2) of the Civil Aviation Act 1988, and it came into effect upon gazettement.