Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 100.66 Amendment Order (No. 1) 2011
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation. Under Civil Aviation Regulations 1988 (CAR 1988), CASA may make certain Civil Aviation Orders (CAOs) to implement safety standards and requirements.
Maintenance authorities
Under paragraph 33B (1) (a) of CAR 1988, CASA may, in writing, and in accordance with the CAOs, issue authorities to carry out maintenance on aircraft (maintenance authorities or MAs). Under subregulation 33B (2), an MA may be issued subject to conditions specified in the MA or in the CAOs or in both. Under subregulation 33B (4), it is an offence to contravene a condition of an MA.
CAO 100.66
Civil Aviation Order 100.66 (CAO 100.66) was made under paragraph 33B (1) (a) of CAR 1988 to provide for the issue of MAs by CASA following candidates’ training and assessment by recognised organisations which meet training standards and are approved by CASA in accordance with CAO 100.66.
Other necessary heads of power
Various other ancillary heads of power were used to make CAO 100.66. The same heads of power are used for the amendment of CAO 100.66.
The CAO Amendment
Civil Aviation Order 100.66 Amendment Order (No. 1) 2011 (the CAO amendment) is needed to bring CAO 100.66 up-to-date with respect to a matter whose finalisation was deferred under a 2007 CAO amendment.
Under paragraph 13.3 of CAO 100.66, an applicant for an MA must demonstrate by examination, adequate knowledge of the study subjects listed in various Subject Modules in Part 3 of Appendix 4 that are relevant to the category or subcategory of MA that the person is seeking.
Under paragraph 13.6 of CAO 100.66, the applicant must also hold, through practical training, relevant units of competency identified in Appendix 6 of CAO 100.66 that relate to the knowledge training.
The units of competency were identified in Appendix 6 by code numbers denoting the specific competency training developed by the State and Territory authorities responsible for the Australian Quality Training Framework (AQTF). The content of the units of competency were developed and modified as necessary under the AQTF.
Under subsection 2 (2) of Civil Aviation Order 100.66 Amendment Order (No. 1) 2007 (the 2007 amendment) certain items in Schedule 1 of the 2007 amendment containing new knowledge requirements were made but not brought into effect. They would not commence until Appendix 6 of CAO 100.66 had been amended to insert the corresponding units of competency.
In 2007, those units of competency were being developed by the State and Territory authorities responsible for the AQTF.
However, the State and Territory authorities have since decided first, that units of competency corresponding to the new knowledge requirements already exist and are listed within Appendix 6, and secondly, that these could be amended to incorporate the new knowledge. The result is that additional legislated competency units matching the new knowledge requirements are not required.
It is still necessary, nevertheless, for CASA to bring about the commencement of the new knowledge requirements. To do this, the CAO amendment amends subsection 2 (2) of the commencement provision of the 2007 amendment to provide that the new knowledge requirements commence immediately after the commencement of the CAO amendment.
Details of the CAO amendment are set out in Appendix 1. For ease of reference only, the amendments in items 31, 32, 33 and 36 of Schedule 1 of Civil Aviation Order 100.66 Amendment Order (No. 1) 2007 (the new knowledge requirements) are set out in Appendix 2.
Legislative Instruments Act 2003 (the LIA)
Under paragraph 98 (5A) (a) of 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 so issued is a legislative instrument subject to the LIA (other than Part 6 concerning sunsetting) if it applies more broadly than to a particular person or aircraft.
Under paragraph 33B (1) (a) and subregulation 33B (2) of CAR 1988, CASA may make CAOs in relation to authorities to carry out maintenance on aircraft and conditions to which an authority is subject.
Made under regulation 33B, the CAO amendment is an instrument of general application in relation to matters affecting the maintenance of aircraft, and, therefore, it is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation for section 17 of the LIA for the specific purpose of bringing the new knowledge requirements into effect was not considered necessary. The 2007 amendment had been the subject of consultation and CASA has liaised with its AQTF contacts for the purpose of bringing the new knowledge requirements into effect.
Office of Best Practice Regulation (OBPR)
The OBPR’s predecessor, the Office of Regulation Review, considered that CAO 100.66, as a whole, intended as it was to supplement existing procedures for acquiring MAs, was of a minor or machinery nature only and did not require preparation of a specific Regulation Impact Statement (RIS). OBPR does not require a RIS for the CAO amendment because a preliminary assessment of business compliance costs indicates that the amendment will have only a low impact on business.
Commencement and making
The CAO amendment comes into effect on the day after it is registered. It 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 100.66 Amendment Order (No. 1) 2011]
Appendix 1
Details of CAO amendment
1 Name of instrument
Under this section, the instrument is the Civil Aviation Order 100.66 Amendment Order (No. 1) 2011 (the CAO amendment).
2 Commencement
Under this section, the instrument commences on the day after it is registered.
3 Amendment of Civil Aviation Order 100.66 Amendment Order (No. 1) 2007
Under this section, Schedule 1 amends Civil Aviation Order 100.66 Amendment Order (No. 1) 2007.
Schedule 1 Amendment — Civil Aviation Order 100.66 Amendment Order (No. 1) 2007
The Schedule amends subsection 2 (2) of the 2007 amendment to provide that the amendments in items 31, 32, 33 and 36 of Schedule 1 (the new knowledge requirements) commence immediately after the commencement of the CAO amendment.
A Note explains that when the 2007 amendment was made, units of competency for the new knowledge requirements were being developed by the State and Territory authorities responsible for the Australian Quality Training Framework, for proposed incorporation within future amendments to Appendix 6 of Civil Aviation Order 100.66.
However, the State and Territory authorities later decided that the content of units of competency already existing and listed within Appendix 6 could be amended to incorporate the new knowledge and that additional competency units would not be required.
To bring about commencement of the new knowledge requirements, subsection 2 (2) of the original commencement provision of the 2007 amendment has, therefore, been modified.
The modified commencement provision does not affect any commencement or registration that has already taken effect, but it allows the new knowledge requirements to commence immediately after the commencement of the CAO amendment.
Appendix 2
Amendments 31, 32, 33 and 36
[31] Appendix 4, Part 3, Module 11, subitem 11.5.1, Instrument systems
after
Angle of attack indication, stall warning systems;
insert
Glass cockpit;
[32] Appendix 4, Part 3, Module 11
add at the end
11.19 Integrated modular avionics (ATA42) | 1 | 2 | — |
Functions that may be typically integrated in the integrated modular avionics (IMA) modules include: |
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11.20 Cabin intercommunication data systems (ATA44) | 1 | 2 | — |
These systems provide an interface between cockpit/cabin crew and cabin systems. These systems support data exchange of the different related LRU’s and they are typically operated via flight attendant panels. |
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11.21 Cabin network service (ATA44) | 1 | 2 | — |
Typically consists on a server, typically interfacing with, among others, the following systems: (a) data or radio communication systems; (b) in-flight entertainment system. The cabin network service may host functions such as the following: (a) pre-departure or departure reports; (b) e-mail or intranet and internet access; (c) passenger database. |
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11.22 Information systems such as Air Traffic and Information Management Systems and Network Server Systems (ATA46) | 1 | 2 | — |
[33] Appendix 4, Part 3, Module 12, item 12.17
substitute
12.17 Integrated modular avionics (ATA42) | 1 | 2 | — |
Functions that may be typically integrated in the integrated modular avionic (IMA) modules include: |
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12.18 On board maintenance systems (ATA45) | 1 | 2 | — |
Central maintenance computers; Data loading system; Electronic library system; Printing; Structure monitoring (damage tolerance monitoring). |
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12.19 Information systems such as Air Traffic and Information Management Systems and Network Server Systems (ATA46) | 1 | 2 | — |
[36] Appendix 4, Part 3, Module 13
add at the end
13.11 Air-conditioning and cabin pressurisation (ATA21) |
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13.11.1 Air supply | — | — | 2 |
Sources of air supply including engine bleed, APU and ground cart. |
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13.11.2 Air-conditioning | — | — | 3 |
Air-conditioning systems; Air cycle and vapour cycle machines; Distribution systems; Flow, temperature and humidity control system. |
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13.11.3 Pressurisation | — | — | 3 |
Pressurisation systems; Control and indication including control and safety valves; Cabin pressure controllers. |
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13.11.4 Safety and warning devices | — | — | 3 |
Protection and warning devices. |
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13.12 Fire protection (ATA26) |
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(a) Fire and smoke detection and warning systems; Fire extinguishing systems; System tests. | — | — | 3 |
(b) Portable fire extinguisher | — | — | 1 |
13.13 Fuel systems (ATA28) | — | — | 3 |
System lay-out; Fuel tanks; Supply systems; Dumping, venting and draining; Cross-feed and transfer; Indications and warnings; Refuelling and defuelling; Longitudinal balance fuel systems. |
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13.14 Ice and rain protection (ATA30) | — | — | 3 |
Ice formation, classification and detection; Anti-icing systems: electrical, hot air and chemical; De-icing systems: electrical, hot air, pneumatic and chemical; Rain repellent; Probe and drain heating; Wiper systems. |
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13.15 Integrated modular avionics (ATA42) | — | — | 3 |
Functions that may be typically integrated in the Integrated Modular Avionic (IMA) modules are, among others: |
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13.16 Cabin intercommunication data systems (ATA44) | — | — | 3 |
These systems provide an interface between the cockpit/cabin crew and cabin systems. These systems support data exchange of the different related LRUs and they are typically operated via flight attendant panels. |
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13.17 Cabin network service (ATA44) | — | — | 3 |
Typically consists on a server, typically interfacing with, among others, the following systems: (a) data or radio communication systems; (b) in-flight entertainment system. The cabin network service may host functions such as: (a) access to pre-departure or departure reports; and (b) e-mail or intranet and internet access; and (c) passenger database. |
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13.18 Information systems such as Air Traffic and Information Management Systems and Network Server Systems (ATA46) | — | — | 3 |
13.19 Indications and warnings | — | — | 3 |
Hydraulic system; Landing gear; Oxygen; Pneumatic and vacuum. |
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