EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
REVOCATION AND REPLACEMENT OF SECTION 100.94
ADMINISTRATION AND PROCEDURE — AIRCRAFT MAINTENANCE ENGINEER LICENCES — CATEGORY ELECTRICAL
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 100.94 of the Civil Aviation Orders contained requirements relating to the issue of such licences in the category known as category electrical. 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 100.94. 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 However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.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. R90) 2004]
Overview
The Civil Aviation Amendment Order (No. R90) 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, issued by the Director of Aviation Safety under subsection 84A(2) of the Civil Aviation Act 1988, revokes and remakes section 100.94 of the Civil Aviation Orders. This remake was undertaken as part of a broader review to ensure that the Civil Aviation Orders align with the new legislative requirements. Importantly, the changes introduced by this Order do not alter existing law or policy but are intended to ensure consistency and compliance with the Legislative Instruments Act 2003. Additionally, the Order updates outdated references to legislation and incorporates gender-neutral wording. The Office of Regulation Review has determined that a Regulation Impact Statement is not necessary due to the minor and machinery nature of this remake. The Order came into effect on the date of its gazette publication.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Orders govern the issuance and management of aircraft maintenance engineer licences, including those in the electrical category, to ensure the safety of air navigation. Specifically, the regulations permit qualified persons to apply to the Civil Aviation Safety Authority (CASA) for such licences, while allowing CASA to impose limitations or conditions on these licences as necessary. Section 100.94 of the Civil Aviation Orders, which has been revoked and remade as part of a broader review to align with the Legislative Instruments Act 2003, previously detailed the requirements for issuing these licences, including the experience and examination criteria necessary for the electrical category. The remade section, which took effect upon gazettal, maintains the existing legal framework but updates references and introduces gender-neutral language, ensuring compliance with contemporary legislative standards. Notably, the Office of Regulation Review determined that a Regulation Impact Statement was unnecessary due to the minor nature of these changes. This legislative framework applies nationally, impacting all entities and individuals involved in aircraft maintenance engineering within Australia.
Key Provisions
The Civil Aviation Regulations 1988 (CAR 1988) provide a framework for the issuance and management of aircraft maintenance engineer licences. Subregulation 31(1) allows a qualified person to apply to the Civil Aviation Safety Authority (CASA) for such a licence in one or more specified categories. Subregulation 31(2) permits CASA to add endorsements to a licence, specifying the limits of the work to which the licence applies, either at the time of issuance or while the licence is active. Furthermore, subregulation 31(3) allows CASA to include endorsements that subject the licence to specific conditions outlined in the Civil Aviation Orders (CAO), ensuring the safety of air navigation.
The Civil Aviation Orders (CAO) previously contained specific requirements for the issuance of aircraft maintenance engineer licences in the category known as 'electrical'. This included various classifications within the category, along with experience and examination requirements. Section 100.94 of the CAO was revoked and remade as part of a comprehensive review to align with the technical requirements of the Legislative Instruments Act 2003, which came into effect on 1 January 2005. This review aimed to ensure compliance and consistency with the new legislative framework. The remade section did not alter existing law or policy but updated outdated references and introduced gender-neutral wording. The Office of Regulation Review determined that a Regulation Impact Statement was unnecessary, considering the nature of the changes.
Obligations and requirements imposed by the Act include the necessity for qualified individuals to apply to CASA for an aircraft maintenance engineer licence. CASA, in turn, has the authority to impose conditions and endorsements on the licence to ensure that the holder is suitably qualified and authorised to perform specific tasks. This includes the ability to limit the scope of work through endorsements and to incorporate conditions from other sections of the CAO to safeguard air navigation. The updated CAO ensures that these processes comply with contemporary legislative standards and are gender-neutral.
Failure to comply with the requirements set out in the Civil Aviation Regulations and Orders can result in significant consequences. CASA may take enforcement actions against individuals or entities that do not adhere to the licensing and endorsement conditions. Civil or criminal penalties may be imposed, depending on the severity of the breach. The specific penalties are not detailed in the explanatory statement but could include fines, suspension, or revocation of the licence. It is essential for all parties to comply with the regulations to maintain safety standards in the aviation industry.