Manual of Standards (MOS) – Part 60 Amendment Instrument 2016 (No. 1)

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Legislation au F2016L00087 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Manual of Standards (MOS) – Part 60 Amendment Instrument 2016 (No. 1)

 

Purpose

The purpose of the Manual of Standards (MOS) – Part 60 Amendment Instrument 2016 (No. 1) (the MOS amendment) is to make 3 minor amendments to Manual of Standards (MOS) – Part 60 (MOS Part 60) to update the standards for qualification of aircraft flight training devices and simulators.

 

Legislation

Under section 9 of the Civil Aviation Act 1988 (the Act), CASA has the function of conducting the safety regulation of a range of matters, including under paragraph 9 (1) (c), developing and promulgating appropriate, clear and concise aviation safety standards.

 

Under subsection 98 (1) of the Act, the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. The relevant regulations are the Civil Aviation Safety Regulations 1998 (CASR 1998). Within CASR 1998, Part 60, Synthetic training devices, provides for the qualification, operation and approval of synthetic training devices.

 

Under subsection 98 (5A) of the Act, the regulations may empower CASA to issue instruments in relation to the maintenance or airworthiness of aircraft. For subsection 98 (5A) of the Act, regulation 60.020 of CASR 1998 empowers CASA to issue a Manual of Standards that specifies the qualification levels of flight simulators and flight training devices. MOS Part 60 and its MOS amendment have been issued under the 2 relevant provisions in the Act and Part 60 of CASR 1998.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

MOS amendment

In July 2014, CASA commenced Project OS14/19, the objective of which was to make a range of minor changes to Part 60 of CASR 1998 and MOS Part 60 to update the standards for qualification of flight training devices and helicopter flight simulators. The changes ensure that European flight training device qualification levels, which were previously administered by the Joint Aviation Authorities (JAA), correctly reflect that they are now administered by the European Aviation Safety Agency (EASA).

 

The changes to Part 60 of CASR 1998 were made by way of the Civil Aviation Legislation Amendment (Airworthiness and Other Matters—2015 Measures No. 1) Regulation 2015, the relevant provisions of which commenced on 15 December 2015 (Items 8 and 9 of Schedule 1). Those changes substituted reference to JAA with EASA and added a new EASA Level 3.

 

The MOS amendment makes minor changes to MOS Part 60 in line with the changes made to Part 60 of CASR 1998. Three changes are made:

  • paragraph 4.1.1.1 (b) is amended to replace the helicopter flight simulator standard detailed in the Joint Aviation Requirement (JAR FSTD H) with the EASA (CS-FSTD(H)) standard
  • paragraph 5.1.1.1 (b) is amended to replace the aeroplane flight training device standard detailed in the Joint Aviation Requirement (JAR FSTD A) with the EASA (CS-FSTD(A)) standard
  • paragraph 5.1.2.1 (b) is amended to replace the helicopter flight training device standard detailed in the Joint Aviation Requirement (JAR FSTD H) with the EASA (CS‑FSTD(H)) standard.

 

Legislative Instruments Act 2003 (the LIA)

Under paragraph 98 (5A) (a) of the Act, regulations may empower CASA to issue instruments in relation to the maintenance of aircraft. Under subsection 98 (5AA) of the Act, such an instrument is a legislative instrument for the LIA if it is expressed to apply to classes of persons, aircraft or aeronautical products rather than to individual persons, or individual aircraft or products. The standards in the MOS amendment are expressed to have general application and the MOS amendment is, therefore, a legislative instrument subject to registration, tabling and disallowance in the Parliament, under sections 24, 38 and 42 of the LIA.

 

Consultation

Industry consultation was undertaken in March 2015. A consultation draft of the MOS amendment was published on the CASA website on 16 March 2015 for public comment and review, closing on 30 March 2015. CASA received 1 formal response with no objection to the minor changes. The changes made by the MOS amendment will have minimal impact on industry. It is CASA’s view that no further consultation under section 17 of the LIA is necessary or appropriate.

 

Office of Best Practice Regulation (OBPR)

The OBPR assessed that the MOS amendment is minor and administrative in nature. Therefore, no further analysis in the form of a Regulation Impact Statement was required (OBPR ID: 17437).

 

Statement of Compatibility with Human Rights

The Statement in Appendix 1 is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The MOS amendment does not directly engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not directly raise any human rights issues.

 

Making and commencement

The MOS amendment has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

The MOS amendment commences on the day after registration.

 

[Manual of Standards (MOS) – Part 60 Amendment Instrument 2016 (No. 1)]

Appendix 1

Statement of Compatibility with Human Rights

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

 

Manual of Standards (MOS) – Part 60 Amendment Instrument 2016 (No. 1)

 

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 purpose of the Manual of Standards (MOS) – Part 60 Amendment Instrument 2016 (No. 1) is to make 3 minor amendments to the standards, described in Manual of Standards (MOS) – Part 60, for aeroplane and helicopter flight training devices and simulators. These changes accord with the minor changes made to Part 60 of the Civil Aviation Safety Regulations 1998 by the Civil Aviation Legislation Amendment (Airworthiness and Other Matters—2015 Measures No. 1) Regulation 2015 in December 2015.

 

Human rights implications

The 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. The 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 Manual of Standards (MOS) – Part 60 Amendment Instrument 2016 (No. 1) was enacted to make three minor amendments to the standards set out in Manual of Standards (MOS) – Part 60, specifically concerning the qualification of aeroplane and helicopter flight training devices and simulators. This instrument was introduced to ensure that these standards align with the recent changes to Part 60 of the Civil Aviation Safety Regulations 1998, which were made to reflect the transfer of oversight from the Joint Aviation Authorities (JAA) to the European Aviation Safety Agency (EASA). The Australian Civil Aviation Safety Authority (CASA) is the enacting body, carrying out its function under the Civil Aviation Act 1988 to promulgate aviation safety standards that are clear, appropriate, and concise. The policy objective of this amendment is to maintain and enhance the safety standards for aviation training devices in accordance with international regulatory changes. The MOS Amendment is a legislative instrument subject to the Legislative Instruments Act 2003, requiring registration, tabling, and disallowance in Parliament. Consultation with the industry was conducted in March 2015, with minimal objections received. The Office of Best Practice Regulation assessed the amendment as minor and administrative, deeming further regulatory impact analysis unnecessary. The instrument is also compatible with human rights as it does not engage any applicable rights or freedoms, as outlined in the Statement of Compatibility with Human Rights prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Manual of Standards (MOS) – Part 60 Amendment Instrument 2016 (No. 1) is a legislative instrument issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. This amendment aims to update the standards for the qualification of aircraft flight training devices and simulators in alignment with the changes made to Part 60 of the Civil Aviation Safety Regulations 1998 by the Civil Aviation Legislation Amendment (Airworthiness and Other Matters—2015 Measures No. 1) Regulation 2015. The MOS amendment specifically replaces references to the Joint Aviation Authorities with the European Aviation Safety Agency and introduces a new EASA Level 3, ensuring the standards reflect current administrative practices. The amendment applies generally to flight training devices and simulators used in aviation training and is subject to the legislative instruments Act 2003, requiring registration, tabling, and disallowance in the Parliament. The changes have minimal impact on the industry, and no further consultation or analysis under the Legislative Instruments Act 2003 or the Human Rights (Parliamentary Scrutiny) Act 2011 was deemed necessary.

Key Provisions

The Manual of Standards (MOS) – Part 60 Amendment Instrument 2016 (No. 1) (MOS amendment) makes three minor amendments to the standards for qualification of flight training devices and simulators, as outlined in Manual of Standards (MOS) – Part 60 (MOS Part 60) (sections 4.1.1.1(b), 5.1.1.1(b) and 5.1.2.1(b)). These amendments update the standards to reflect the change in administration of European flight training device qualification levels from the Joint Aviation Authorities (JAA) to the European Aviation Safety Agency (EASA). The changes were made in response to the Civil Aviation Legislation Amendment (Airworthiness and Other Matters—2015 Measures No. 1) Regulation 2015, which updated Part 60 of the Civil Aviation Safety Regulations 1998 (CASR 1998) to reflect the same change. The MOS amendment imposes specific obligations on entities involved in the operation of flight training devices and simulators. These entities must now comply with the updated standards set out in MOS Part 60, including the new EASA qualification levels for flight simulators and training devices. This includes ensuring that any existing devices meet the new standards, which may involve undergoing additional assessments or modifications. The MOS amendment also requires these entities to maintain records and documentation demonstrating compliance with the updated standards, which can be subject to inspection by the Civil Aviation Safety Authority (CASA). The MOS amendment includes provisions for potential breaches and penalties. While the amendment itself does not explicitly state penalties for non-compliance, the broader Civil Aviation Safety Regulations 1998 and Civil Aviation Act 1988 provide for enforcement actions. Non-compliance with aviation safety standards can lead to enforcement actions by CASA, including fines, suspension or revocation of permits, and other administrative or legal penalties. The severity of the penalty depends on the nature and extent of the breach, as well as any harm or risk caused by the non-compliance. In summary, the MOS amendment updates the qualification standards for flight training devices and simulators to align with changes in European aviation regulation. It imposes obligations on relevant entities to comply with these updated standards and maintain appropriate documentation. While the amendment does not specify penalties, non-compliance with aviation safety regulations can result in significant fines and other enforcement actions under the broader legislative framework.

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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.