EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS 1988
CIVIL AVIATION ORDERS
REVOCATION AND REPLACEMENT OF SECTION 100.95
ADMINISTRATION AND PROCEDURE — AIRCRAFT MAINTENANCE ENGINEER LICENCES — CATEGORY INSTRUMENTS
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 100.95 of the Civil Aviation Orders contained requirements relating to the issue of such licences in the category known as category instruments. 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 100.95. 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 However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.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. R91) 2004]
Overview
The Civil Aviation Amendment Order (No. R91) 2004, issued under subsection 84A(2) of the Civil Aviation Act 1988, revokes and replaces section 100.95 of the Civil Aviation Orders to ensure compliance with the Legislative Instruments Act 2003, which came into effect on 1 January 2005. This amendment was part of a broader review of the Civil Aviation Orders to harmonise and modernise the regulatory framework, particularly by updating references and incorporating gender-neutral language. Importantly, the policy objective remains unchanged; the Order is purely technical to align with legislative requirements and does not alter existing law or policy. The Office of Regulation Review determined that a Regulation Impact Statement was unnecessary due to the minor and machinery nature of the changes. This regulatory update aims to maintain the integrity and safety of the civil aviation system by ensuring that the administration of aircraft maintenance engineer licences remains consistent with contemporary legislative standards.
Scope and Application
The Civil Aviation Amendment Order (No. R91) 2004 pertains to the Civil Aviation Regulations 1988 and the Civil Aviation Orders, specifically addressing the administration and procedure for aircraft maintenance engineer licences in the category known as category instruments. This amendment applies to qualified individuals seeking to apply for or hold an aircraft maintenance engineer licence, as well as to the Civil Aviation Safety Authority (CASA), which is responsible for issuing and managing such licences. The geographical scope of this Order is national, as it pertains to aviation activities throughout Australia, governed by the Civil Aviation Act 1988. The Order revokes and remakes section 100.95 of the Civil Aviation Orders to ensure compliance with the Legislative Instruments Act 2003, while maintaining existing law and policy. Although the changes are primarily technical to meet legislative requirements, they include updating outdated references and introducing gender-neutral language. The Order came into effect on gazettal and has been issued by the Director of Aviation Safety in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Amendment Order (No. R91) 2004 primarily focuses on the revocation and replacement of Section 100.95 of the Civil Aviation Orders. This section was concerned with the issuance of aircraft maintenance engineer licences in the category of instruments. Under subregulation 31(1) of the Civil Aviation Regulations 1988 (CAR 1988), a qualified person can apply to the Civil Aviation Safety Authority (CASA) for such a licence. CASA can issue these licences in one or more specified categories, as outlined in subregulation 31(1). Furthermore, subregulation 31(2) allows CASA to include an endorsement on the licence, specifying the limits of the work the licence covers. Subregulation 31(3) also permits CASA to include a condition on the licence to ensure the safety of air navigation, referencing a specific Part or Section of the Civil Aviation Orders.
This Act imposes several obligations on CASA and the applicants for aircraft maintenance engineer licences. CASA is required to review applications for licences, ensuring that the applicant meets all the necessary qualifications and criteria. The applicant must also meet specific experience and examination requirements outlined in the Civil Aviation Orders. Additionally, CASA has the authority to set conditions on the licence to ensure compliance with safety standards and to limit the scope of work the licence permits. CASA must also update and maintain the records of these licences and endorsements, ensuring that all issued licences comply with the latest regulatory standards and requirements.
Failure to comply with the provisions of the Civil Aviation Orders can result in various consequences. While the explanatory statement does not specify maximum penalties, breaches of aviation safety regulations can lead to significant civil and criminal consequences. CASA has the authority to suspend or revoke a licence if it finds that the holder does not meet the required standards or if they have violated any conditions set on the licence. Such actions can result in hefty fines and, in severe cases, criminal charges. Additionally, any failure to comply with the conditions set on a licence can lead to disciplinary action by CASA, which may include the imposition of further restrictions or the complete revocation of the licence.