Civil Aviation Order 100.26 Repeal Instrument 2013

Overview

The Civil Aviation Order 100.26 Repeal Instrument 2013 was enacted to address the obsolescence of Civil Aviation Order 100.26 (CAO 100.26) by repealing it, as its enabling power under the Civil Aviation Act 1988 was set to expire on 27 June 2013. The Civil Aviation Act 1988, passed by the Australian Parliament, established a regulatory framework for civil aviation, including the issuance of airworthiness authorities by the Civil Aviation Safety Authority (CASA). The Civil Aviation Order 100.26 Repeal Instrument 2013 was introduced to align the regulatory framework with the new requirements under Part 147 of the Civil Aviation Safety Regulations 1998, necessitating the replacement of CAO 100.26 with a new certification process for maintenance training organisations. The instrument was developed in accordance with the Legislative Instruments Act 2003, ensuring it was properly registered, tabled, and subject to disallowance by Parliament. The repeal process involved extensive consultations with industry stakeholders and was deemed to have a low to nil impact on business, thus not requiring a regulatory impact statement from the Office of Best Practice Regulation.

Scope and Application

The Civil Aviation Order 100.26 Repeal Instrument 2013 applies to entities involved in the maintenance of aircraft, particularly those that hold or seek to hold aircraft maintenance engineer examiner authorities under the Civil Aviation Regulations 1988. The repeal of CAO 100.26 affects the procedures and requirements for issuing these authorities, necessitating that maintenance organisations transition to new arrangements under Part 147 of the Civil Aviation Safety Regulations 1998 by 26 June 2013. This change is significant for the Australian aviation industry, ensuring that maintenance training and examination services are provided under updated regulatory frameworks. The instrument is of general application across the Commonwealth of Australia, as it pertains to the maintenance of aircraft, a matter governed under the Civil Aviation Act 1988. The repeal does not exclude any specific entities or types of conduct, but rather, it mandates compliance with the new regulatory requirements for all entities involved in aircraft maintenance and examination services. The instrument does not specify any particular geographic limitations beyond the national jurisdiction of Australia. The repeal is effective from 27 June 2013, aligning with the sunsetting of the regulatory powers that enabled CAO 100.26.

Key Provisions

The main operative sections of the Civil Aviation Order 100.26 Repeal Instrument 2013 (CAO repeal instrument) involve the repeal of Civil Aviation Order 100.26 (CAO 100.26) (Section 1). This repeal is necessary due to the expiration of the head of power under which CAO 100.26 was issued, and related transitional regulations, effective from 27 June 2013 (Section 2). The new regulatory framework under Part 147 of the Civil Aviation Safety Regulations 1998 will take effect on this date, requiring maintenance organisations to obtain a Maintenance Training Organisation certificate by the end of 26 June 2013 to continue providing training and examination services (Section 3). The CAO repeal instrument is made under regulation 33B of the Civil Aviation Regulations 1988, and it affects the maintenance of aircraft, thus subject to the Legislative Instruments Act 2003 (Section 4). The instrument has been subject to extensive consultation with the industry and public, though no comments were received on the consequential amendments (Section 5). The obligations imposed by the CAO repeal instrument primarily concern maintenance organisations holding certificates of approval under regulation 30 of the Civil Aviation Regulations 1988. These organisations must transition to the new regulatory framework by obtaining a Maintenance Training Organisation certificate under Part 147 of the Civil Aviation Safety Regulations 1998 by 26 June 2013 to continue providing maintenance training and examination services (Section 6). This requirement ensures compliance with the updated regulatory standards and maintains the safety and quality of maintenance services provided in the aviation sector. The instrument also ensures that the Civil Aviation Safety Authority (CASA) can issue airworthiness authorities in accordance with the Civil Aviation Orders, which are now streamlined under the new regulatory framework (Section 7). The CAO repeal instrument does not introduce new offences, penalties, or civil/criminal consequences for breach. Instead, it provides a transitional arrangement that ensures compliance with the new regulatory framework under Part 147 of the Civil Aviation Safety Regulations 1998. Failure to obtain a Maintenance Training Organisation certificate by the specified deadline may result in the cessation of authorised maintenance training and examination services, thereby impacting the operations of affected maintenance organisations. The instrument’s compatibility with human rights is confirmed in the Statement of Compatibility with Human Rights, which states that the CAO repeal instrument does not engage any applicable rights or freedoms (Section 8). The instrument’s minimal impact on business, as assessed by the Office of Best Practice Regulation, indicates that compliance costs are expected to be low to nil (Section 9).