Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 100.26 Amendment Order (No. 1) 2011
Purpose
The purpose of Civil Aviation Order 100.26 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 100.26 deals with requirements for the issue of aircraft maintenance engineer examiner authorities, a form of AA. Paragraph 1.3 provides that an applicant for an examiner authority is required to demonstrate satisfactory knowledge of the applicable subject. A Note explains that the holder of an aircraft maintenance engineer licence suitably rated in the appropriate category would normally be accepted as meeting this requirement.
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 100.26 omits from the Note mention of the holder of an aircraft maintenance engineer licence suitably rated in the appropriate category, and substitutes the holder of an aircraft engineer licence suitably rated in the appropriate category or subcategory, in keeping with the nomenclature provided for under Part 66 of CASR 1998.
The amendment to CAO 100.26 does not effect a similar replacement of words for paragraph 1.1. Paragraph 1.1 provides that an examiner authority will only be issued to a person who holds, or is employed by the holder of, a certificate of approval endorsed for “the conducting of aircraft maintenance engineer licence examinations”. This remains the case during the 2 year transition period before certificate of approval holders under regulation 30 of CAR 1988 for maintenance training and examining are phased out to be replaced by CASR Part 147 organisations.
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 (the 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 the day after it is registered.
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 100.26 Amendment Order (No. 1) 2011]