DASR 07/93 - Specification of requirements

Overview

The Civil Aviation Regulations, made under the Civil Aviation Act 1988, were enacted to provide a comprehensive framework for regulating civil aviation activities in Australia. One of the gaps this legislation addresses is ensuring that foreign-issued aircraft maintenance engineer licences meet Australian standards, particularly for those issued by Papua New Guinea (PNG) after 1 March 1992. This was enacted by the Australian Government to maintain high safety standards in the aviation sector. The policy objective is to ensure that PNG licence holders, who may not have completed the same rigorous training and examinations as Australian licence holders, achieve the necessary competency to work in Australia. This is achieved by requiring PNG licence holders to successfully complete the Australian Administration Airworthiness Examination, as specified by the Acting Director of the Directorate of Aviation Safety Regulation under the authority delegated by the Civil Aviation Safety Authority.

Scope and Application

The Civil Aviation Regulations, specifically Regulation 31, pertains to the holders of aircraft maintenance engineer licences issued in Papua New Guinea after 1 March 1992. These regulations apply to individuals who hold what is referred to as "PNG licences" and mandate that these licence holders must successfully complete the Australian Administration Airworthiness (AA) Examination. This requirement is specified under the authority of the Acting Director of the Directorate of Aviation Safety Regulation, a delegate of the Authority, acting under paragraph 31(6)(b) of the Civil Aviation Regulations. The regulation ensures that PNG licence holders meet specific Australian standards for airworthiness administration, thereby aligning their qualifications with Australian safety and regulatory requirements. This regulation extends to those PNG licence holders who operate within Australia, thus ensuring compliance with national aviation safety standards. The scope of this regulation is limited to PNG licence holders and does not extend to licence holders from other jurisdictions or those issued prior to 1 March 1992.

Key Provisions

The main operative section of this legislative instrument (DASR 07/93) specifies a requirement for holders of aircraft maintenance engineer licences issued in Papua New Guinea after 1 March 1992, referred to as "PNG licence holders". Section 1 of the document mandates that these PNG licence holders must successfully complete the Australian Administration Airworthiness (AA) Examination to meet the regulatory standards set out under the Civil Aviation Regulations. The obligations imposed by this regulation are straightforward. PNG licence holders must ensure they undertake and pass the AA Examination. This requirement is aimed at ensuring that these licence holders possess the necessary knowledge and skills in accordance with Australian standards. The regulation does not detail the specific steps for completing the examination but implies that the licence holders must comply with the processes established by the relevant Australian aviation authorities for taking and passing this examination. Failure to comply with the specified requirement can result in legal consequences. While the exact nature of the penalties is not detailed in this legislative instrument, it is reasonable to infer that non-compliance could lead to the suspension or revocation of the licence. This could potentially prevent the licence holder from performing any activities requiring their PNG licence, thereby affecting their ability to work in the aviation maintenance field in Australia. The Civil Aviation Regulations, under which this requirement is specified, would provide further detail on the enforcement mechanisms and potential penalties for non-compliance.