Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 100.23 Amendment Order (No. 1) 2011
Purpose
The purpose of Civil Aviation Order 100.23 Amendment Order (No. 1) 2011 (the CAO amendment) is to take account of the enactment of Part 66 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
Legislative background
Regulation 33B of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may, in writing, and in accordance with the Civil Aviation Orders (CAOs), issue various kinds of airworthiness authorities (AAs).
CAO 100.23 sets out general rules for AA classes and ratings. It also addresses examiner authorities for dual holders of a maintenance certificate of approval under regulation 30 of CAR 1988 (CAR 30 organisation) and a recognised organisation maintenance approval under CAO 100.66 (an RO).
Background
Amendments made to CAR 1988 and CASR 1998 by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1) (registered on 14 December 2010) made Part 147 of CASR 1998 which deals with maintenance training organisations.
The rules for maintenance training organisations, contained in CASR Part 147, supersede the rules for issue of maintenance authorities following training by recognised organisations under CAO 100.66 (which has been separately revoked).
Consequently, the amendment to CAO 100.23 omits subsection 6 which is obsolete.
Legislative Instruments Act 2003 (the LIA)
Under paragraph 98 (5A) (a) of the Civil Aviation Act 1988 (the Act), the regulations may empower CASA to issue instruments in relation to matters affecting the maintenance of aircraft. Under subsection 98 (5AA) of the Act, an instrument issued under paragraph 98 (5A) (a) is a legislative instrument subject to the LIA (other than Part 6 concerning sunsetting) if it is expressed to apply in relation to a class of persons, aircraft or aeronautical products.
Under subsection 98 (5AB) of the Act, an instrument issued under paragraph 98 (5A) (a) is not a legislative instrument if it is expressed to apply in relation to a particular person, aircraft or aeronautical product.
Under regulation 33B of CAR 1988, CASA may make CAOs in relation to AAs.
Made under regulation 33B of CAR 1988, the CAO amendment is an instrument affecting the maintenance of aircraft and is of general application. It is, therefore, a legislative instrument subject to registration, tabling and disallowance in the Parliament under sections 24, 38 and 42 of the LIA.
Consultation
For section 17 of the LIA, extensive industry and public consultations were conducted on the maintenance suite of regulations (Parts 42, 66, 145 and 147 of CASR 1998). Advance notice of the consequential amendments was posted on the Standards Consultative Committee (SCC) discussion forum. No comments were received as a result of the posting.
Office of Best Practice Regulation (OBPR)
The instrument has only a low to nil impact on business. OBPR does not require a regulatory impact statement for the CAO amendment because a preliminary assessment of business compliance costs indicates that the amendment will have only a nil to low impact on business.
Commencement and making
The CAO amendment commences on 27 June 2011.
The CAO amendment has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Civil Aviation Act 1988.
[Civil Aviation Order 100.23 Amendment Order (No. 1) 2011]
Overview
The Civil Aviation Order 100.23 Amendment Order (No. 1) 2011 was enacted to address the need for updates to Civil Aviation Order 100.23 in light of the changes introduced by Part 66 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legislative framework for civil aviation safety and regulation, empowering the Civil Aviation Safety Authority (CASA) to issue various airworthiness authorities. The Civil Aviation Order 100.23 Amendment Order (No. 1) 2011 was formulated to align CAO 100.23 with the new regulatory landscape, particularly in relation to the replacement of rules for maintenance authorities issued following training by recognised organisations with the rules for maintenance training organisations under CASR Part 147. The purpose of this amendment was to remove obsolete subsection 6 of CAO 100.23, ensuring that the aviation safety regulations remain current and effective. The amendment was made under the authority of regulation 33B of the Civil Aviation Regulations 1988 and is subject to the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Order 100.23 Amendment Order (No. 1) 2011 applies to the maintenance of aircraft and the issuance of airworthiness authorities, particularly in the context of training by maintenance organisations. It is relevant to entities and individuals involved in aircraft maintenance, training, and certification, including recognised organisations, maintenance training organisations, and examiners. This amendment order is a legislative instrument made under the Civil Aviation Act 1988, specifically pursuant to regulation 33B of the Civil Aviation Regulations 1988, and applies generally across the Commonwealth of Australia. The order was necessitated by the enactment of Part 66 of the Civil Aviation Safety Regulations 1998, which introduced new rules for maintenance training organisations that superseded certain existing provisions for recognised organisations. The amendment to Civil Aviation Order 100.23 omits obsolete subsection 6, ensuring that the order remains relevant and aligned with current regulatory frameworks. It does not apply to specific persons, aircraft, or aeronautical products, thus falling under the purview of the Legislative Instruments Act 2003, which governs the registration, tabling, and disallowance of such instruments.
Key Provisions
The Civil Aviation Order 100.23 Amendment Order (No. 1) 2011, referred to as the CAO amendment, is an update to the Civil Aviation Order 100.23 (CAO 100.23), primarily to accommodate changes brought by the enactment of Part 66 of the Civil Aviation Safety Regulations 1998 (CASR 1998). This amendment specifically removes subsection 6 of CAO 100.23, which has become obsolete due to the superseding of rules for maintenance authorities following training by recognised organisations under CAO 100.66, which has been revoked. The CAO amendment is made under regulation 33B of the Civil Aviation Regulations 1988 (CAR 1988), which empowers the Civil Aviation Safety Authority (CASA) to issue various kinds of airworthiness authorities (AAs).
The CAO amendment imposes certain obligations on parties involved in the maintenance of aircraft. These include adhering to the updated rules set forth in CAO 100.23, ensuring that examiner authorities are aligned with the new regulatory framework, and maintaining compliance with the relevant provisions of the Civil Aviation Act 1988 (the Act) and the Civil Aviation Safety Regulations 1998 (CASR 1998). Parties must also ensure that their operations and personnel meet the requirements set out in the amended order, particularly concerning the issuance and management of airworthiness authorities.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the CAO amendment itself. However, failure to comply with the regulations outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant penalties. For instance, under section 98(5A)(a) of the Act, CASA can impose penalties for non-compliance with airworthiness authorities, which may include fines and other sanctions. The severity of these penalties can vary based on the nature and extent of the breach, and in serious cases, can lead to criminal charges and imprisonment. It is important for entities and individuals governed by these regulations to understand the full scope of their obligations and the potential consequences of non-compliance.