Civil Aviation Order 104.0 Amendment Order 2015 (No. 1)

Overview

The Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 1) was enacted to streamline and update the conditions applied to maintenance organisations approved under the Civil Aviation Regulations 1988. This amendment was made under the authority granted by section 98 of the Civil Aviation Act 1988, empowering the Governor-General to create regulations ensuring the safety of air navigation. The instrument addresses the need to simplify and modernise maintenance standards, recognising changes such as the introduction of Manuals of Standards under the Civil Aviation Safety Regulations 1998 and providing new methods for training personnel in wood and fabric aircraft maintenance. The Civil Aviation Safety Authority (CASA) proposed these amendments, which were well-received and further refined through consultation with industry stakeholders, particularly those involved with warbird, historic, and replica aircraft. The Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 1) includes provisions to simplify the process of issuing notices of completion of training and assessment, thereby facilitating timely updates to employees' licences. It also modifies the scope of qualifications required for maintaining certain types of aircraft and introduces a new subsection for training and authorising personnel for wood and fabric aircraft maintenance. The amendments are subject to registration, tabling, and disallowance in the Parliament, as required by the Legislative Instruments Act 2003. The Office of Best Practice Regulation assessed the amendments as minor, deeming further analysis unnecessary. Additionally, a Statement of Compatibility with Human Rights confirms that the instrument does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 1) amends the conditions in Civil Aviation Order 104.0, which applies to maintenance organisations approved under regulation 30 of the Civil Aviation Regulations 1988. These amendments aim to simplify existing procedures and align the Order with the Civil Aviation Safety Regulations 1998 and new instruments, such as Manuals of Standards, while also introducing new procedures for authorising persons to maintain wood and fabric aircraft. This amendment applies to persons or entities engaged in the distribution or maintenance of aircraft, aircraft components, or aircraft materials, and who hold a certificate of approval from the Civil Aviation Safety Authority (CASA). The geographic reach of this amendment is national, as it pertains to all approved maintenance organisations operating within Australia. There are no specific exclusions or exemptions noted in the amendment, but it does streamline the process for issuing notices of completion of training and assessment, allowing for provisional notices after five months and final notices no more than three days before the end of the six-month period. This amendment recognises the growing application of the Civil Aviation Safety Regulations 1998 and instruments, such as Manuals of Standards, in place of previous requirements in the Civil Aviation Regulations 1988. The amendment is made under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. It is subject to registration, tabling, and disallowance in the Parliament under the Legislative Instruments Act 2003. The Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 1) is a legislative instrument and, as such, has been assessed by the Office of Best Practice Regulation as being minor in nature, not requiring a Regulation Impact Statement. Additionally, a Statement of Compatibility with Human Rights has been prepared, confirming that the legislative instrument does not engage any of the applicable rights or freedoms and is compatible with human rights. The amendment commences on the day after registration.

Key Provisions

The Civil Aviation Order 104.0 Amendment Instrument 2015 (No. 1) modifies the conditions in Civil Aviation Order 104.0 (CAO 104.0) for maintenance organisations approved under regulation 30 of the Civil Aviation Regulations 1988 (CAR 1988). 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. The CAO amendment simplifies the conditions regulating how holders of certificates of approval (COA) may train and authorise their employees to perform maintenance services. It also introduces a new method of training for maintaining wood and fabric aircraft and recognises changes to maintenance standards, including the introduction of Manuals of Standards under the Civil Aviation Safety Regulations 1998 (CASR 1998). Maintenance organisations approved under regulation 30 of CAR 1988 must comply with the conditions set out in CAO 104.0. This includes ensuring their employees are appropriately trained and authorised to perform maintenance services. The CAO amendment streamlines the process of issuing a notice of completion of training and assessment, allowing a provisional notice to be issued after 5 months, with a final notice issuable not more than 3 days before the end of the 6-month period. This allows the Civil Aviation Safety Authority (CASA) to arrange for the removal of any limitations on an employee's licence without undue delay. Additionally, the amendment allows COA holders to introduce a training and authorisation system for employees who carry out maintenance on wood and fabric aircraft. The CAO amendment introduces changes to the requirements for maintaining warbird, historic, or replica aircraft (WHR aircraft). The requirement to hold a qualification to perform maintenance on an unlisted aircraft now applies only if it is a turbine-powered WHR aircraft. This reduces the scope of that requirement for piston-engine aircraft. Other amendments include the removal of Appendix 2 and references to it, as its equivalent is contained in Table 2 of Appendix IX of the Part 66 Manual of Standards. References to a maintenance training organisation as one approved under regulation 147.030 have been included. These changes reflect the growing application of CASR 1998 and instruments, such as Manuals of Standards, that are issued under it, being introduced in place of previous requirements in CAR 1988. Breaches of the conditions in CAO 104.0 may result in CASA taking action to suspend or revoke a COA. Such action may be taken if a maintenance organisation fails to comply with the conditions, including the training and authorisation of employees. The maximum penalty for contravening the Act or a regulation is $1,650 for individuals and $8,250 for bodies corporate. The CAO amendment is a legislative instrument and is subject to registration, and tabling and disallowance in the Parliament, under sections 24, 38, and 42 of the Legislative Instruments Act 2003.