Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 100.24 Amendment Order (No. 1) 2011
Purpose
The purpose of Civil Aviation Order 100.24 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 100.24 deals with requirements for the issue of certain maintenance authorities (MAs), a form of AA. Under paragraph 1.1, an applicant for an MA must be the holder of an aircraft maintenance engineer licence.
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 66 of CASR 1998 which changes licence nomenclature and licence categories.
Consequently, the amendment to CAO 100.24 omits from the description of the licence mentioned in paragraph 1.1 the word “maintenance” so the licence referred to is, in fact, an aircraft engineer licence, in keeping with the nomenclature provided for under Part 66 of CASR 1998.
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 Act.
[Civil Aviation Order 100.24 Amendment Order (No. 1) 2011]
Overview
The Civil Aviation Order 100.24 Amendment Order (No. 1) 2011, enacted to address the need for alignment of the Civil Aviation Orders with the Civil Aviation Safety Regulations 1998, particularly in relation to the nomenclature changes introduced under Part 66, was made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority (CASA). This amendment was necessitated by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1) which introduced significant changes to the licensing categories under the Civil Aviation Regulations 1988. The policy objective underpinning this amendment is to ensure consistency and clarity in the regulatory framework governing aircraft maintenance authorities, thereby enhancing the safety and efficiency of civil aviation operations. The amendment aligns the terminology used in the orders with the updated regulatory framework, thereby facilitating compliance and enforcement by CASA.
Scope and Application
The Civil Aviation Order 100.24 Amendment Order (No. 1) 2011 is a legislative instrument that modifies the Civil Aviation Order 100.24 to reflect the changes made to the Civil Aviation Safety Regulations 1998 by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1). The amendment specifically adjusts the description of the aircraft maintenance engineer licence to align with the new nomenclature introduced under Part 66 of the Civil Aviation Safety Regulations 1998. This legislative instrument applies generally to all persons and entities involved in the issuance and holding of aircraft maintenance authorities, ensuring that the terminology used is consistent with the updated regulatory framework. The amendment is subject to the Legislative Instruments Act 2003, which requires registration, tabling, and disallowance in the Parliament, as it affects the maintenance of aircraft and applies to a class of persons, aircraft, or aeronautical products. The changes are intended to have a low to nil impact on business and were developed following consultations with industry stakeholders.
Key Provisions
The Civil Aviation Order 100.24 Amendment Order (No. 1) 2011 amends Civil Aviation Order 100.24 to reflect the new nomenclature and categories introduced by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1). Specifically, it adjusts the description of the licence required for applicants seeking a maintenance authority (section 1.1). Instead of referencing a "maintenance" licence, it now refers to an "aircraft engineer" licence, aligning with the changes introduced under Part 66 of the Civil Aviation Safety Regulations 1998. This amendment ensures that the terminology used in the order is consistent with the updated regulatory framework.
The obligations imposed by the CAO amendment are primarily on applicants for maintenance authorities, requiring them to hold an aircraft engineer licence rather than a maintenance licence. This change in nomenclature is intended to maintain clarity and consistency within the regulatory system, ensuring that applicants meet the updated licensing requirements specified under the revised Civil Aviation Safety Regulations 1998. The amendment also necessitates that any existing documentation or applications reflect this change in terminology to comply with the updated regulatory standards.
The CAO amendment does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, failure to comply with the updated licensing requirements could potentially lead to the refusal of a maintenance authority application or other regulatory actions under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The overarching regulatory framework imposes penalties for non-compliance with airworthiness and maintenance requirements, which could include fines and other enforcement actions as stipulated in the relevant regulations.
In summary, the Civil Aviation Order 100.24 Amendment Order (No. 1) 2011 serves to align the terminology of required licences for maintenance authorities with the changes introduced by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1). It imposes an obligation on applicants to ensure they hold the correct aircraft engineer licence as per the updated nomenclature. While the amendment itself does not specify penalties for non-compliance, it is integral to the broader regulatory framework that enforces compliance through established penalties and enforcement mechanisms.