Civil Aviation Order 104.0 Amendment Order (No. 1) 2011

Overview

The Civil Aviation Order 104.0 Amendment Order (No. 1) 2011 was introduced to align the Civil Aviation Orders with the new licensing nomenclature and categories established under Part 66 of the Civil Aviation Safety Regulations 1998. This amendment was necessitated by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1), which updated the terminology and classifications of aircraft maintenance engineer licences. The Civil Aviation Act 1988 provides the legislative framework for civil aviation safety in Australia, and under this Act, the Civil Aviation Order 104.0 was made to specify conditions for the approval of organisations involved in aircraft maintenance. The objective of the CAO amendment is to ensure that the Civil Aviation Orders remain current and consistent with the latest regulatory standards, thereby maintaining high safety and operational standards in the aviation industry. The Civil Aviation Order 104.0 Amendment Order (No. 1) 2011 was enacted by the Director of Aviation Safety, on behalf of the Civil Aviation Safety Authority (CASA), in accordance with the provisions of the Civil Aviation Act 1988. The amendment was subject to the Legislative Instruments Act 2003, which governs the creation and regulation of legislative instruments. Given that the amendment affects the maintenance of aircraft and is of general application, it is classified as a legislative instrument and was subject to registration, tabling, and disallowance in the Parliament. The amendment was made following extensive consultations with the industry and the public, as required by the Legislative Instruments Act 2003, and commenced on 27 June 2011.

Scope and Application

The Civil Aviation Order 104.0 Amendment Order (No. 1) 2011 amends the Civil Aviation Order 104.0, which pertains to the maintenance of aircraft, to reflect the changes introduced by Part 66 of the Civil Aviation Safety Regulations 1998. This amendment applies to entities and individuals engaged in the maintenance of aircraft, specifically those holding an airline licence and a certificate of approval, as defined under Regulation 30 of the Civil Aviation Regulations 1988. The amendment is designed to ensure that the endorsement conditions on the certificates of approval align with the new licensing structure introduced by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1). It mandates that any person performing surveillance activities on an aircraft must hold an engineer licence in the relevant category or subcategory, thereby updating the previous requirement of an aircraft maintenance engineer licence. The CAO amendment is a legislative instrument subject to the Legislative Instruments Act 2003 and applies generally across the Commonwealth of Australia. There are no stated exclusions or exemptions in this amendment, and it extends its application through subordinate instruments as necessary to ensure compliance with the updated regulations.

Key Provisions

The Civil Aviation Order 104.0 Amendment Order (No. 1) 2011 (the CAO amendment) updates the existing Civil Aviation Order 104.0 (CAO 104.0) to reflect changes made to the Civil Aviation Safety Regulations 1998 (CASR 1998) by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1). Specifically, this amendment addresses the nomenclature changes and licence categories under Part 66 of the CASR 1998, which were brought into effect to harmonise the terminology with international standards. The CAO amendment repeals subparagraphs 4.3(a) and 4.4(a) of CAO 104.0 that referred to the obsolete aircraft maintenance engineer licence and its categories. In their place, it introduces new references to the current engineer licence in the category or subcategory that applies to the activity performed. The CAO amendment imposes obligations on organisations holding both an airline licence and a certificate of approval for aircraft maintenance. These organisations must now ensure that any employees granted authority to certify completion of CASA-approved maintenance hold an engineer licence in the relevant category or subcategory. Furthermore, the amendment maintains the requirement that applicants for a form of unrestricted certificate of approval must have a surveillance system in place. This system should ensure that the airworthiness of the aircraft is maintained, any deficiencies are identified and corrected, and that the system functions as intended. Failure to comply with the provisions of the CAO amendment may result in enforcement actions by the Civil Aviation Safety Authority (CASA). While the CAO amendment itself does not specify penalties, the broader regulatory framework under which CASA operates includes provisions for both civil and criminal penalties for breaches of aviation safety regulations. These penalties can include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties are determined by the specific regulations breached and the circumstances of the case. The CAO amendment is subject to the Legislative Instruments Act 2003 (LIA). Under the LIA, it is classified as a legislative instrument because it affects the maintenance of aircraft and applies generally. This means it is subject to registration, tabling, and potential disallowance in the Parliament. The amendment was made after extensive consultations with industry stakeholders, although no comments were received in response to the advance notice posted on the Standards Consultative Committee (SCC) discussion forum. The Civil Aviation Order 104.0 Amendment Order (No. 1) 2011 commenced on 27 June 2011, and it was made by the Director of Aviation Safety on behalf of CASA, in accordance with the provisions of the Civil Aviation Act 1988. This amendment ensures that the CAO 104.0 remains consistent with the latest regulatory changes and maintains the high safety standards expected in the aviation industry.