EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
REVOCATION AND REPLACEMENT OF SECTION 100.93
ADMINISTRATION AND PROCEDURE — AIRCRAFT MAINTENANCE ENGINEER LICENCES — CATEGORY RADIO
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 100.93 of the Civil Aviation Orders contained requirements relating to the issue of such licences in the category known as category radio. 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 100.93. 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 However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.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. R89) 2004]
Overview
The Civil Aviation Amendment Order (No. R89) 2004 was enacted to address the need for compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. This order specifically revokes and remakes section 100.93 of the Civil Aviation Orders, which relates to the issue of aircraft maintenance engineer licences in the category known as category radio. The primary objective of this order is to ensure that the Civil Aviation Orders are consistent with the new legislative requirements, while maintaining existing law and policy. In addition to ensuring compliance, the order updates outdated references to legislation and introduces gender-neutral wording. The Director of Aviation Safety issued this order in accordance with subsection 84A(2) of the Civil Aviation Act 1988, and it came into effect upon gazettal.
The Office of Regulation Review has determined that a Regulation Impact Statement is not necessary for this remake, as it is of a minor or machinery nature and does not involve any changes to existing law or policy. The policy objective remains the same, which is to maintain the safety of air navigation by ensuring that aircraft maintenance engineer licences meet the necessary technical requirements and standards.
Scope and Application
The Civil Aviation Amendment Order (No. R89) 2004, which revokes and remakes section 100.93 of the Civil Aviation Orders, applies to individuals and entities involved in the aviation industry, specifically those seeking aircraft maintenance engineer licences in the category radio. The Order pertains to the procedures and conditions under which such licences are issued and endorsed by the Civil Aviation Safety Authority (CASA). This Order ensures that the regulatory framework complies with the Legislative Instruments Act 2003, effective from 1 January 2005. The remake of section 100.93 does not alter existing policies or laws but aims to enhance clarity, consistency, and compliance with legislative requirements. The Order also incorporates updates to outdated references and gender-neutral language. Its scope is limited to the technical requirements and does not extend to substantive changes in policy or law. The Order is applicable nationally, administered by CASA, and aligns with the Civil Aviation Act 1988, reflecting the Commonwealth's jurisdiction over civil aviation matters in Australia.
Key Provisions
The main operative sections of this legislation, specifically the Civil Aviation Amendment Order (No. R89) 2004, concern the revocation and replacement of Section 100.93 in the Civil Aviation Orders. This section, originally pertaining to the issue of aircraft maintenance engineer licences in the category radio, has been revoked and remade (Section 100.93). This alteration is part of a broader scheme to review the Civil Aviation Orders, ensuring compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. The replacement of Section 100.93 is purely for ensuring legal consistency and does not alter any existing law or policy. Additionally, outdated references have been updated, and gender-neutral wording has been introduced.
The obligations and requirements imposed by the Civil Aviation Amendment Order (No. R89) 2004 primarily involve the Civil Aviation Safety Authority (CASA). According to subregulation 31(1) of the Civil Aviation Regulations 1988 (CAR 1988), qualified individuals can apply to CASA for an aircraft maintenance engineer licence in one or more specified categories. Subregulation 31(2) allows CASA to add an endorsement to the licence, specifying the limits of the work the licence covers. Furthermore, subregulation 31(3) permits CASA to include a condition on the licence if it is necessary to ensure the safety of air navigation. These provisions ensure that CASA has the authority to manage and regulate the issuance and conditions of aircraft maintenance engineer licences effectively.
There are no explicit offences, penalties, or civil/criminal consequences detailed in this particular Order for breach of the provisions. The Order focuses on ensuring that the Civil Aviation Orders are compliant with the Legislative Instruments Act 2003, maintaining existing legal and policy frameworks without introducing new sanctions. However, it is important to note that any breach of the Civil Aviation Regulations 1988 or Civil Aviation Orders, including those related to the issuance and conditions of aircraft maintenance engineer licences, could potentially lead to enforcement actions, penalties, or other consequences as stipulated in other sections of the Civil Aviation Act 1988 and related regulations.