Civil Aviation Order 100.26 Amendment Order (No. 1) 2011

Overview

The Civil Aviation Order 100.26 Amendment Order (No. 1) 2011 was enacted to address the need for updating the Civil Aviation Orders (CAO) in light of changes made to the Civil Aviation Safety Regulations 1998 (CASR 1998) by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1). The Civil Aviation Act 1988 authorised the Australian Civil Aviation Safety Authority (CASA) to issue the CAO as part of its regulatory framework for aircraft maintenance and airworthiness. The objective of the CAO amendment was to align CAO 100.26 with the new nomenclature and licence categories introduced by Part 66 of the CASR 1998, ensuring consistency and clarity in the regulatory requirements for aircraft maintenance engineer examiner authorities. The amendment, subject to the Legislative Instruments Act 2003, was made by the Director of Aviation Safety on behalf of CASA and came into effect upon registration.

Scope and Application

The Civil Aviation Order 100.26 Amendment Order (No. 1) 2011 applies to individuals and entities involved in the issuance and maintenance of examiner authorities for aircraft maintenance engineers within Australia. Specifically, it pertains to those who hold or seek to hold an examiner authority as per the Civil Aviation Safety Regulations 1998, particularly in light of the changes introduced in Part 66 of those regulations. This amendment ensures that the requirements for examiner authorities are aligned with the updated nomenclature and licence categories established by the recent regulatory changes. The amendment operates across the Commonwealth of Australia, reflecting its applicability to national aviation standards and practices. While the amendment generally applies to all relevant entities and individuals, it does not impose new obligations on specific entities unless they fall under the scope of the updated regulations. The amendment is subject to the legislative oversight provided by the Legislative Instruments Act 2003, which governs the registration, tabling, and disallowance of legislative instruments such as this CAO amendment. This ensures the amendment adheres to the broader legislative framework governing civil aviation in Australia.

Key Provisions

The Civil Aviation Order 100.26 Amendment Order (No. 1) 2011 (the CAO amendment) (1) modifies the requirements for issuing aircraft maintenance engineer examiner authorities, a type of airworthiness authority, to align with changes in the Civil Aviation Safety Regulations 1998 (CASR 1998). Specifically, the amendment updates the nomenclature of licences in accordance with Part 66 of CASR 1998, which was enacted through the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1). Paragraph 1.3 of CAO 100.26 now refers to the holder of an aircraft engineer licence suitably rated in the appropriate category or subcategory, instead of the previously referenced aircraft maintenance engineer licence suitably rated in the appropriate category (1.3). This change ensures consistency with the new licence nomenclature established under CASR 1998. The CAO amendment imposes obligations on applicants for examiner authorities, requiring them to demonstrate satisfactory knowledge of the applicable subject, as stipulated in paragraph 1.3. This requirement ensures that examiners are competent and knowledgeable in their respective fields. Additionally, it mandates that examiner authorities are only issued to persons who hold, or are employed by the holder of, a certificate of approval endorsed for "the conducting of aircraft maintenance engineer licence examinations" (1.1). This condition remains applicable during the two-year transition period before certificate of approval holders under regulation 30 of the Civil Aviation Regulations 1988 (CAR 1988) for maintenance training and examining are phased out to be replaced by CASR Part 147 organisations (1.1). The CAO amendment is a legislative instrument subject to the Legislative Instruments Act 2003 (LIA), given that it is of general application and affects the maintenance of aircraft. Consequently, it must be registered, tabled, and subject to disallowance in Parliament under sections 24, 38, and 42 of the LIA (98(5A)(a), 98(5AB)). Failure to comply with these requirements may result in the amendment not being legally enforceable. Although extensive consultations were held on the broader maintenance suite of regulations, no comments were received specifically in response to the advance notice of the CAO amendment posted on the Standards Consultative Committee (SCC) discussion forum. The Office of Best Practice Regulation (OBPR) assessed the amendment to have a low to nil impact on business, thereby exempting it from the requirement for a regulatory impact statement. The CAO amendment carries no specific offences or penalties for breach, as it primarily involves procedural updates to align with the new regulatory framework. However, non-compliance with the amended CAO 100.26 could indirectly result in regulatory actions against examiner authorities or their employers, potentially leading to revocation of the examiner authority or other enforcement measures. The amendment is designed to ensure that examiners meet the required standards of knowledge and competency, thereby maintaining the integrity and safety of aircraft maintenance practices.