Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 2)

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

Legislation au F2015L00775 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Act 1988

Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 2)

 

Purpose

The purpose of Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 2) (the CAO amendment) is to amend the conditions in Civil Aviation Order 104.0 (CAO 104.0) which apply to maintenance organisations approved under regulation 30 of the Civil Aviation Regulations 1988 (CAR 1988).

 

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 subregulation 30 (1) of CAR 1988, a person engaged, or intending to be engaged, in distribution or maintenance of aircraft, aircraft components or aircraft materials, may apply to CASA for a certificate of approval (COA) in respect of those activities.

 

Under subregulation 30 (3) of CAR 1988, CASA may, for the purpose of ensuring the safety of air navigation, include in a certificate of approval granted under the regulation “an endorsement that the certificate is granted subject to a condition set out in . . . a specified Part or Section of the Civil Aviation Orders”.

 

The conditions in CAO 104.0 regulate the way in which the holders of certificates of approval under regulation 30 of CAR 1988 may train and authorise their employees to perform maintenance services, including the certification of maintenance, for particular aircraft or aircraft systems.

 

The Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 1) simplified these conditions and recognised changes to maintenance standards, including the introduction of Manuals of Standards under the Civil Aviation Safety Regulations 1998 (CASR 1998). They also provided a new method of training persons to maintain wood and fabric aircraft. However, following the making of that instrument, it is considered necessary to make certain minor corrections.

 

Background

Under subsection 5 of CAO 104.0, a COA holder may issue a certification authorisation to an excluded system employee, as defined in the CAO, for carrying out maintenance on an excluded system (being a system on which the employee would otherwise not be able to carry out that maintenance). An authorisation is only in force for a period of 6 months. Issue of a notice of completion of training and assessment at the end of the 6 months allows CASA to consider updating the employee’s licence by removing the exclusion or adding a relevant rating.

 

The new amendment amends the heading to subsection 5 by adding the words (removal of exclusion from a type rating). This clarifies the purpose of subsection 5.

 

Paragraph 5.1 is also amended to make it clear that issuing an authorisation to carry out maintenance on an excluded system applies only to an aircraft for which the employee authorised holds a type rating. Paragraph 5.3 is also amended to include a reference to the relevant aircraft type.

 

A new note is added at the end of subsection 5 to make it clear that while subsection 5 allows an application for removal of an exclusion from a type rating, it does not authorise removal of an excluded system from an employee’s licence other than by CASA.

 

The Note at the head of subsection 8 is amended to update the CASA instrument that it refers to.

 

Subsection 8, which applies exclusively to Warbirds, Historic and Replica aircraft (WHR aircraft) is amended so that, under paragraph 8.6, the holder of a COA approval may issue a certification authorisation to carry out maintenance on a WHR aircraft to a trained WHR employee who does not, as is presently the case, have to be an employed authority or type rating holder. This will facilitate the carrying out of that maintenance.

 

The heading to subsection 10 is amended to make it clear that it relates to the removal of an exclusion from licences held by employees who carry out maintenance on wood and fabric aircraft.

 

Legislative Instruments Act 2003 (LIA 2003)

Under subsections 98 (5) and (5AAA) of the Act, where the regulations provide for certain instruments to be issued in the form of CAOs, such CAOs are legislative instruments. The CAO amendment is, therefore, a legislative instrument and it is subject to registration, and tabling and disallowance in the Parliament, under sections 24, and 38 and 42, of the LIA 2003.

 

Consultation

A proposal to amend CAO 104.0 in line with the Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 1) was notified on the CASA website as Project MS 13/23 on 23 July 2013. The proposals were well received and constructive feedback was provided. As well as notifying industry via the standard consultation method, CASA interacted directly with the affected WHR aircraft operators and maintainers in finalising the amendment proposals.

 

Following the making of that instrument, representations were received from industry concerning the matters dealt with in this instrument. Following those representations, the amendments referred to have been made. The most significant amendment is the change to paragraph 8.6. It is considered by industry that failure to make that amendment would place an unnecessary burden on an employer to only employ, for maintenance on WHR aircraft, persons who hold an appropriate type rating or maintenance authority.  CASA agrees that the amendment is necessary and will not endanger aviation safety

 

It does not consider that further consultation is required.

 

Office of Best Practice Regulation (OBPR)

OBPR assessed that the original amendments were minor in nature and that no further analysis, in the form of a Regulation Impact Statement, was required (OBPR ID: 17498).  These amendments are corrections that do not substantially alter the effect of the original amendments.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Making and commencement

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.

 

The CAO amendment commences on the day after registration.

 

[Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 2)]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 2)

 

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 makes amendments of a minor nature to Civil Aviation Order 104.0. It facilitates the carrying out of maintenance on Warbirds and Historic and Replica aircraft.  CASA received representations to make the changes and believes that the changes are appropriate.

 

Human rights implications

This legislative 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

Overview

The Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 2) was enacted to make minor amendments to the conditions set out in Civil Aviation Order 104.0, which applies to maintenance organisations approved under regulation 30 of the Civil Aviation Regulations 1988. The objective of the amendment is to clarify certain provisions and make minor corrections following the implementation of the Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 1), which introduced changes to maintenance standards and training methods. The instrument was made by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988, and it is subject to registration, tabling, and disallowance in the Parliament as a legislative instrument under the Legislative Instruments Act 2003. The amendments have been made after consultation with industry, and the Office of Best Practice Regulation has assessed that no further analysis is required. The legislative instrument is compatible with human rights as it does not raise any human rights issues.

Scope and Application

The Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 2) amends the conditions in Civil Aviation Order 104.0, which applies to maintenance organisations approved under regulation 30 of the Civil Aviation Regulations 1988. This legislative instrument is applicable to maintenance organisations that hold a certificate of approval (COA) for aircraft, aircraft components, or aircraft materials maintenance. The primary purpose of the amendment is to correct certain minor errors that were identified after the implementation of the Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 1), which simplified the conditions and recognised changes to maintenance standards. The amendment does not substantially alter the effect of the original amendments and facilitates the carrying out of maintenance on Warbirds and Historic and Replica aircraft. The changes were made following representations from the industry and are considered necessary by the Civil Aviation Safety Authority (CASA) to ensure compliance with the safety of air navigation without placing undue burden on employers. The amendment affects the geographical reach within Australia and applies to all maintenance organisations operating under the Civil Aviation Regulations 1988. It does not impose any new exclusions or exemptions beyond those already provided for in the Civil Aviation Order 104.0. The legislative instrument is a subordinate instrument under section 98 of the Civil Aviation Act 1988, and as such, it is subject to registration and tabling and disallowance in the Parliament, as required by the Legislative Instruments Act 2003. The amendment commences on the day after its registration.

Key Provisions

The Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 2) amends Civil Aviation Order 104.0, which governs the training and authorisation of employees within maintenance organisations approved under the Civil Aviation Regulations 1988. These amendments primarily focus on clarifying and correcting certain conditions, ensuring they align with current maintenance standards and practices. For instance, subsection 5 is clarified to explicitly state that it pertains to the removal of exclusions from a type rating, ensuring that the process for such removals is well-understood (subsection 5). Additionally, it is now explicitly stated that authorisations to carry out maintenance on excluded systems apply only to aircraft for which the authorised employee holds a type rating (paragraph 5.1). The amendments also address the specific requirements for Warbirds, Historic and Replica aircraft, allowing certification authorisations to be issued to trained employees who do not necessarily need to be employed authorities or type rating holders (subsection 8.6). Entities governed by the amended CAO 104.0, such as maintenance organisations, are obligated to adhere to the revised conditions to ensure compliance with safety regulations. These organisations must ensure that their employees are appropriately trained and authorised to perform maintenance tasks, particularly on specific types of aircraft. They must also follow the procedures outlined for the issuance and review of authorisations for maintenance on excluded systems and Warbirds, Historic and Replica aircraft. Furthermore, they must comply with the updated requirements for issuing certification authorisations and managing the training and assessment of employees to maintain the safety and integrity of aircraft maintenance activities. Breaches of the conditions set out in the amended CAO 104.0 can lead to various consequences. Maintenance organisations that fail to comply with the training and authorisation requirements may face enforcement actions by the Civil Aviation Safety Authority (CASA). This could include the suspension or revocation of their certificate of approval, which would severely impact their ability to legally perform maintenance services. Additionally, employees who perform maintenance tasks without the appropriate authorisations could also face penalties, including fines or other enforcement actions. The exact penalties are determined based on the severity and frequency of the non-compliance, but they are intended to ensure adherence to safety standards and protect the public from unsafe aviation practices.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Delegated & Subordinate Legislation
Enforcement Powers
Reporting & Disclosure Obligations
Compliance Obligations

Interactions

Authorises

All Versions

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.