Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 100.26 Repeal Instrument 2013
Purpose
The purpose of Civil Aviation Order 100.26 Repeal Instrument 2013 (the CAO repeal instrument) is to repeal Civil Aviation Order 100.26 (CAO 100.26).
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 (the 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 under regulation 30 of CAR 1988.
Reasons for repeal
The head of power under which this CAO was issued and related transitional regulations in Subpart 202.GG of the Civil Aviation Safety Regulations 1998 (CASR 1998) will no longer be in effect from 27 June 2013. Maintenance organisations who hold certificates of approval issued under regulation 30 of CAR 1988 for the provision of maintenance training and examination services will have to obtain a Maintenance Training Organisation certificate under Part 147 of CASR 1998 by the end of 26 June 2013 in order to continue providing those services.
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 regulation 33B of CAR 1988, CASA may make CAOs in relation to AAs.
Made under regulation 33B of CAR 1988, the CAO repeal instrument 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.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
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 repeal instrument 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 repeal instrument commences on 27 June 2013.
The CAO repeal instrument 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 Repeal Instrument 2013]
Appendix 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Repeal of Civil Aviation Order 100.26 – Administration and Procedure – Aircraft Maintenance Engineer Examiner Authority
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The legislative instrument repeals Civil Aviation Order (CAO) 100.26.
The CAO is being repealed because the head of power under which the CAO was issued, and related transitional regulations, will no longer be in effect from 27 June 2013, at the end of a 2 year transition period.
New arrangements under Part 147 of the Civil Aviation Safety Regulations 1998 will apply on and from that date.
Human rights implications
The CAO repeal instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority