Civil Aviation Amendment Order (No. R88) 2004 - Civil Aviation Order 100.92 - Administration & procedure - Aircraft maintenance engineer licences - Category engines (12/12/2004)

Overview

The Civil Aviation Amendment Order (No. R88) 2004 was enacted to address the need for the Civil Aviation Orders to comply with the technical requirements of the Legislative Instruments Act 2003, which came into effect on 1 January 2005. This legislative instrument, issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988, revokes and remakes section 100.92 of the Civil Aviation Orders, which pertain to the issue of aircraft maintenance engineer licences in the category known as category engines. The amendment does not alter existing law or policy, but it ensures compliance and consistency with the Legislative Instruments Act 2003. Additionally, the Order updates outdated references to legislation and introduces gender-neutral wording, streamlining the regulatory framework without introducing substantive changes. The Office of Regulation Review determined that a Regulation Impact Statement was unnecessary due to the minor and machinery nature of the amendment.

Scope and Application

The Civil Aviation Amendment Order (No. R88) 2004 pertains to the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Orders, specifically focusing on the revocation and replacement of section 100.92 concerning aircraft maintenance engineer licences in the category of engines. This Act applies to qualified individuals who are eligible to apply for such licences from the Civil Aviation Safety Authority (CASA). The primary purpose of this Order is to ensure compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The Order does not alter the existing legal framework or policy but serves to update references and incorporate gender-neutral language. The Director of Aviation Safety issued this Order under subsection 84A(2) of the Civil Aviation Act 1988, and it took effect upon gazette publication. The scope of this Order is limited to the regulatory adjustments required for compliance and consistency, without imposing new obligations or restrictions on the aviation industry.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) have been updated to ensure compliance with the Legislative Instruments Act 2003, which took effect on 1 January 2005. Specifically, Section 100.92 of the Civil Aviation Orders, which pertains to the issue of aircraft maintenance engineer licences in the category known as category engines, has been revoked and remade (Subregulation 31(1), 31(2) and 31(3) of CAR 1988). This revision was undertaken as part of a broader review to ensure the Civil Aviation Orders align with the new legislative requirements. Despite these changes, the existing law and policy remain unaffected. The updated Order now includes gender-neutral wording and revised references to ensure clarity and modernity, but it does not introduce any substantive changes to the requirements for licence issuance or the conditions under which such licences may be endorsed. Entities and individuals subject to these regulations, particularly those involved in the issuance or endorsement of aircraft maintenance engineer licences, must now comply with the updated Order. Qualified persons applying for a licence must do so in accordance with the new requirements set out in the remade section, ensuring they meet the criteria specified for the category engines. The Civil Aviation Safety Authority (CASA) retains the authority to issue these licences and to add endorsements that specify the limits of the work to which the licence relates, as well as to impose conditions on the licence to ensure the safety of air navigation (Subregulation 31(2) and 31(3) of CAR 1988). These changes necessitate that all stakeholders familiarise themselves with the updated provisions to ensure adherence to the regulatory framework. Failure to comply with the Civil Aviation Regulations 1988 and the remade section of the Civil Aviation Orders can result in significant consequences. The Civil Aviation Act 1988 outlines various offences and penalties for non-compliance, which can include fines and imprisonment. Specifically, under Section 233 of the Act, a person who contravenes a regulation can be liable for a fine of up to $126,000 for an individual and $630,000 for a body corporate. Additionally, under Section 234, a person who causes a contravention of a regulation can face a fine of up to $252,000 for an individual and $1,260,000 for a body corporate. These penalties underscore the importance of strict adherence to the regulatory requirements to avoid legal repercussions.