EXPLANATORY STATEMENT
Select Legislative Instrument 2012 No. 107
Issued by the authority of the Minister for Infrastructure and Transport
Civil Aviation Act 1988
Civil Aviation Safety Amendment Regulation 2012 (No. 1)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides, in part, that the Governor General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. That subsection also provides that the Governor General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation (Chicago Convention) relating to safety, and in relation to the safety of air navigation, being regulations with respect to any other matters for which the Parliament has power to make laws.
Subsection 9(1) of the Act specifies, in part, that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.
The amendments introduce four sections which are consequential to the implementation of Civil Aviation Safety Regulations 1998 (CASR) Parts 42, 66, 145 and 147 (Maintenance Regulations Suite), which came into effect on 27 June 2011. Two sections amend CASR Part 202 – Transitional, to provide continued assistance to the transition process. The other two sections are a consequential amendment which move the definition of ‘continuing airworthiness management organisation’ from CASR Part 42 to Part 1 of the CASR Dictionary. The details of the Regulation are set out in Attachment A.
The Regulation is minor and machinery in nature and does not substantially alter existing arrangements which were the subject of extensive consultation and therefore no consultation on these amendments was considered necessary under Section 17 of the Legislative Instruments Act 2003.
These amendments are made as a result of the insertion of Parts 42, 66, 145 and 147 into the Civil Aviation Safety Regulations 1998. A Regulation Impact Statement was prepared for Part 42, 66, 145 and 147 and assessed by the Office of Best Practice Regulation (OBPR) as meeting the Australian Government's Best Practice Regulation requirements (OBPR ID: 11558).
Statement of Compatibility with Human Rights
The regulation changes do not engage any of the applicable rights or freedoms. The changes are compatible with human rights and do not raise any human rights issues.
Authority: Subsection 98(1) of the
Civil Aviation Act 1988
ATTACHMENT A
Details of the Civil Aviation Safety Amendment Regulation 2012 (No. 1)
Section 1 – Name of Regulation
Section 1 establishes the title of the Amendment Regulation as the Civil Aviation Safety Amendment Regulation 2012 (No. 1).
Section 2 – Commencement
Section 2 provides that the Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 – Amendment of Civil Aviation Safety Regulations 1998
Section 3 provides that Schedule 1 amends the Civil Aviation Safety Regulations 1998.
Schedule 1 – Amendments to the Civil Aviation Safety Regulations 1998
Item [1] Subregulation 42.015 (1), definition of ‘continuing airworthiness management organisation’
This item omits the definition of continuing airworthiness management organisation from Civil Aviation Safety Regulations 1998 (CASR) Part 42. Item [4] places the same definition within Part 1 of the Dictionary in preparation for the introduction of Part 119 of the CASR 1998.
Item [2] Paragraph 202.184 (3) (b)
This item substitutes paragraphs (b) and (c) to add and enable a person authorised by the Civil Aviation Safety Authority (CASA), who is working under an arrangement with a continuing airworthiness management organisation for an aircraft, to carry out maintenance on the Australian aircraft outside Australian territory.
Item [3] After subregulation 202.344 (2)
This item inserts 2A and 2B to allow CASA to continue to administer the paragraphs 31 (4) (c) and (e) and regulations 31A, 31B and 31C of the CASR, related to the previous aircraft maintenance engineer licencing system which is saved by transitional arrangements until June 2015.
Item [4] Dictionary, Part 1
This item inserts the definition of continuing airworthiness management organisation into Part 1 of the CASR Dictionary. Item 1 omitted the same definition in CASR Part 42. The definition was moved to prepare for the introduction of Part 119 of the CASR.
Overview
The Civil Aviation Safety Amendment Regulation 2012 (No. 1) was enacted to address issues arising from the introduction of Parts 42, 66, 145, and 147 of the Civil Aviation Safety Regulations 1998, which were implemented on 27 June 2011. This regulation was authorised by Subsection 98(1) of the Civil Aviation Act 1988, which empowers the Governor General to make regulations necessary for the effective implementation of the Act and the Convention on International Civil Aviation. The policy objective is to ensure the safe regulation of civil air operations in Australia by aligning the Civil Aviation Safety Regulations with the new maintenance standards and transitional provisions. The regulation was issued by the Minister for Infrastructure and Transport and does not necessitate additional consultation as it pertains to minor, machinery-based changes following extensive prior consultation. Furthermore, the regulation is compatible with human rights and does not raise any human rights issues.
Scope and Application
The Civil Aviation Safety Amendment Regulation 2012 (No. 1) pertains to the Civil Aviation Act 1988 and is concerned with the regulation of civil aviation safety within Australia, extending to Australian aircraft operating outside Australian territory. This regulation is applicable to entities such as the Civil Aviation Safety Authority (CASA) which has the function of conducting safety regulation of civil air operations, and to individuals or organisations involved in the maintenance of aircraft. The regulation includes amendments to the Civil Aviation Safety Regulations 1998, primarily to accommodate the implementation of new maintenance regulations, and to facilitate a smooth transition period for these changes. Notably, it allows authorised individuals, working under an arrangement with a continuing airworthiness management organisation, to perform maintenance on Australian aircraft outside of Australian territory, and it extends transitional provisions related to aircraft maintenance engineer licensing until June 2015. The regulation does not introduce any substantial alterations to existing arrangements and is deemed minor and machinery in nature. The regulation's scope is confined to matters necessary for the effective implementation of the Civil Aviation Act 1988 and related international conventions, with no stated exclusions or exemptions beyond what is necessary for these purposes.
Key Provisions
The Civil Aviation Safety Amendment Regulation 2012 (No. 1) (the Amendment Regulation) makes minor amendments to the Civil Aviation Safety Regulations 1998 (CASR) as a consequence of the implementation of Parts 42, 66, 145, and 147 (Maintenance Regulations Suite) of the CASR, which came into effect on 27 June 2011. These amendments are primarily aimed at facilitating the transition process and ensuring the smooth integration of the new regulations. Section 3 of the Amendment Regulation specifies that Schedule 1 amends the CASR.
The obligations and requirements imposed by the Amendment Regulation are largely transitional and administrative in nature. For instance, Item [2] of Schedule 1 enables a person authorised by the Civil Aviation Safety Authority (CASA) who is working under an arrangement with a continuing airworthiness management organisation (CAMO) to carry out maintenance on Australian aircraft outside Australian territory. This provision is designed to provide flexibility during the transition period. Item [3] ensures that CASA can continue to administer certain provisions of the CASR related to the previous aircraft maintenance engineer licensing system until June 2015. Additionally, Item [4] moves the definition of "continuing airworthiness management organisation" from Part 42 of the CASR to Part 1 of the CASR Dictionary to prepare for the introduction of Part 119 of the CASR.
In terms of offences, penalties, or consequences for breach, the Amendment Regulation itself does not introduce new offences or penalties. Instead, it builds on the existing framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The penalties for breaches of aviation safety regulations are generally governed by the Civil Aviation Act 1988 and can include significant fines and imprisonment. For example, under Section 50 of the Act, a person who commits an offence against a regulation made under the Act can be fined up to $22,200 for an individual or $111,000 for a body corporate, or imprisoned for up to two years, or both, for a serious offence. For less serious offences, the fines can be up to $5,550 for an individual or $27,750 for a body corporate.
The Amendment Regulation ensures that the regulatory framework remains effective and coherent as it adapts to the new maintenance regulations. It addresses transitional issues and ensures that the definitions and provisions are correctly positioned within the CASR to support ongoing compliance and safety in civil aviation.