Civil Aviation Order 100.66 Repeal Order 2011

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2011L01184 Not in force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Act 1988

 

Civil Aviation Order 100.66 Repeal Order 2011

 

Purpose

The purpose of Civil Aviation Order 100.66 Repeal Order 2011 (the CAO repeal) is to take account of the enactment of Parts 66 and 147 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). In particular, under paragraph 33B (1) (a), CASA may issue authorities to carry out maintenance on aircraft (maintenance authorities or MAs).

 

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 met training standards and were approved by CASA in accordance with CAO 100.66.

 

Other necessary heads of power

Various other ancillary heads of power under CAR 1988 were used to make certain aspects of CAO 100.66, for example, subregulation 42ZC (6) for authorising certain persons to carry out maintenance, subregulation 230 (4) for authorising the starting and running of rotorcraft engines, and subregulation 308 (1) for certain exemptions.

 

Acts Interpretation Act 1901 (AIA)

Under subsection 33 (3) of the AIA, (as applied for legislative instruments by section 13 of the Legislative Instruments Act 2003 (the LIA)), where regulations confer a power to make an instrument (in the form of a CAO), the power shall, unless the contrary intention appears, be construed as including a power, exercisable in like manner and subject to like conditions, if any, to repeal the instrument (i.e. the CAO).

 

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 Parts 66 and 147 of CASR 1998 which deal with aircraft engineer licences (AELs) and maintenance training organisations.

 

The rules for AELs and maintenance training organisations, contained in CASR Parts 66 and 147, supersede the rules for issue of MAs following training by recognised organisations under CAO 100.66.

 

Consequently, under the various heads of power under which it was made, and under subsection 33 (3) of the AIA, CAO 100.66 has been repealed.

 

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 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 (and various other heads of power), CAO 100.66 was an instrument affecting the maintenance of aircraft and was of general application. It was, therefore, a legislative instrument subject to registration, tabling and disallowance in the Parliament under sections 24, 38 and 42 of the LIA. The repeal of such a legislative instrument is also itself a legislative instrument under section 5 of the LIA and subject to registration, tabling and disallowance in the Parliament.

 

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 (OBPR)

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.

 

Commencement and making

The CAO amendment commences on 27 June 2011.

 

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 100.66 Repeal Order 2011]

Overview

The Civil Aviation Order 100.66 Repeal Order 2011, introduced by the Australian Government, was enacted to address the need for regulatory alignment and simplification following the creation of Parts 66 and 147 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Order 100.66, which governed the issuance of maintenance authorities for aircraft, had been made under the Civil Aviation Regulations 1988 and provided for the issue of maintenance authorities by the Civil Aviation Safety Authority (CASA) following training and assessment by recognised organisations. However, the new Parts 66 and 147 of the CASR 1998 superseded the need for CAO 100.66, prompting its repeal. The repeal was authorised under the Civil Aviation Act 1988 and various other regulatory powers, including the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This repeal reflects the ongoing evolution of civil aviation regulations to ensure they remain effective and efficient, while maintaining the highest standards of safety and compliance.

Scope and Application

The Civil Aviation Order 100.66 Repeal Order 2011 serves to repeal Civil Aviation Order 100.66, which previously governed the issuance of maintenance authorities by the Civil Aviation Safety Authority (CASA) for aircraft maintenance performed by candidates trained and assessed by recognised organisations. This repeal is a consequence of the enactment of Parts 66 and 147 of the Civil Aviation Safety Regulations 1998, which now provide comprehensive rules for aircraft engineer licences and maintenance training organisations, thereby superseding the need for the order. The repeal applies to all entities and individuals previously subject to CAO 100.66, including recognised training organisations and candidates who underwent training and assessment under its provisions. It has a national jurisdictional reach, affecting aviation entities across Australia. The repeal is effective as of 27 June 2011, and it is made under the authority of the Civil Aviation Act 1988 and the Legislative Instruments Act 2003, ensuring that the process of repeal followed the necessary legislative and regulatory requirements.

Key Provisions

The Civil Aviation Order 100.66 Repeal Order 2011 (the CAO repeal) addresses the repeal of Civil Aviation Order 100.66 (CAO 100.66), which was previously used to issue airworthiness authorities for maintenance on aircraft following training by recognised organisations. This repeal aligns with the enactment of Parts 66 and 147 of the Civil Aviation Safety Regulations 1998 (CASR 1998), which now govern aircraft engineer licences and maintenance training organisations. Under section 33B(1)(a) of the Civil Aviation Regulations 1988 (CAR 1988), the Civil Aviation Safety Authority (CASA) could issue airworthiness authorities, including maintenance authorities, following the training and assessment of candidates by recognised organisations approved by CASA in accordance with CAO 100.66. The CAO repeal imposes obligations on CASA and other parties involved in aircraft maintenance. CASA is required to align its practices with the new regulatory framework established by Parts 66 and 147 of CASR 1998, which now govern aircraft engineer licences and maintenance training organisations. Training organisations must ensure that they meet the new standards and requirements set out in the amended regulations. Aircraft maintenance personnel must comply with the new licensing and training requirements to maintain their authority to perform maintenance tasks. Failure to comply with the requirements of Parts 66 and 147 of CASR 1998, including the repeal of CAO 100.66, can lead to various consequences. CASA has the authority to take enforcement actions against individuals or organisations that do not comply with the regulations. These actions may include the suspension or revocation of airworthiness authorities, fines, or other administrative penalties. Additionally, individuals found to be in breach of the regulations may face criminal charges, which could result in fines or imprisonment. The specific penalties for breaches of the regulations are detailed in the Civil Aviation Safety Regulations 1998 and may vary depending on the nature and severity of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.