Explanatory Statement
Civil Aviation Safety Regulations 1998
Manual of Standards Part 147 Amendment Instrument (No. 1) 2011
Purpose
The Manual of Standards (MOS) Part 147 sets out the requirements to be met by an organisation holding an approval issued under Part 147 of the Civil Aviation Safety Regulations 1998 (CASR 1998) to conduct training and assessment.
Background
As a matter of safety policy, CASA has adopted the regulatory approach to maintenance promulgated by the European Aviation Safety Agency (EASA). The specifications set out in
MOS Part 147 (the MOS) have been developed to be closely aligned with EASA Part 147.
Legislation —the Act
Under subsection 98 (1) of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Legislation — CASR Part 147
These regulations are contained in CASR 1998. In particular, Part 147 of CASR 1998 (CASR Part 147), Continuing airworthiness – maintenance training organisations (MTO), sets out matters, including requirements for approval as an MTO and requirements that apply to an MTO.
Under subsection 98 (5A) of the Act, the regulations may empower CASA to issue instruments in relation to the maintenance or airworthiness of aircraft.
To this end, under regulation 147.015 of CASR 1998, CASA is empowered to issue a MOS for CASR Part 147, setting out matters affecting the airworthiness or maintenance of aircraft. Under subregulation 147.015 (2) of CASR 1998, the MOS may, in particular, specify several matters.
The MOS meets all the requirements of regulation 147.015 of CASR 1998. It establishes the requirements to be met by organisations seeking approval to conduct training and examinations specified in CASR Part 66. It relates to specifically approved maintenance training organisations operating under detailed, self-prepared, expositions setting out their training objectives, resources and capabilities.
This instrument corrects various minor errors in the MOS. It makes changes of an editorial nature that standardise cross-references to provisions of the MOS and to regulations in CASR 1998. It also corrects the title to the MOS so that it is consistent with the references to the MOS in CASR 1998.
In accordance with regulation 11.280 of CASR 1998, the instrument was displayed on the World Wide Web for 28 days before making.
Legislative Instruments Act
Under regulation 147.015 of CASR 1998, the MOS was made for subsection 98 (5A) of the Act. In particular, it was issued under paragraph 98 (5A) (a). Under subsection 98 (5AA) of the Act, the MOS is, therefore, a legislative instrument but the effect of Part 6 of the Legislative Instruments Act 2003 (LIA) (sunsetting of legislative instruments) is excluded.
Consultation
Consultation under section 17 of the LIA was undertaken as follows. CASA published the details of the MOS amendment on its website and invited comments from the public and aviation industry. No comments were received.
Office of Best Practice Regulation (OBPR)
OBPR has assessed that the maintenance suite’s (CASR Part 42, 66, 145 and 147) Regulation Impact Statement meets the Government’s best practice regulation requirements. Having been made under CASR Part 147, the same OBPR outcome extends to MOS Part 147 and this instrument.
Making and commencement
The instrument commences immediately after the MOS which commences on 27 June 2011.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Manual of Standards Part 147 Amendment Instrument 2011 (No. 1)]
Overview
The Manual of Standards Part 147 Amendment Instrument (No. 1) 2011 amends the Manual of Standards (MOS) Part 147 under the Civil Aviation Safety Regulations 1998 (CASR 1998). The MOS sets out the requirements for organisations seeking approval to conduct training and assessments for maintenance in alignment with the European Aviation Safety Agency’s (EASA) regulatory approach. Enacted under subsection 98(1) of the Civil Aviation Act 1988, the instrument aims to ensure that maintenance training organisations meet specific safety standards, thus safeguarding air navigation. The Australian Civil Aviation Safety Authority (CASA) is responsible for the MOS, which was developed to ensure consistency with EASA Part 147 and to correct minor errors in the existing MOS. The instrument makes editorial changes and corrects the title of the MOS to ensure it aligns with references in CASR 1998. It was displayed on CASA’s website for 27 days before enactment and follows a consultation process where no public comments were received. The instrument is considered a legislative instrument under the Legislative Instruments Act 2003, though it is exempt from the sunsetting provisions.
Scope and Application
The Manual of Standards (MOS) Part 147 Amendment Instrument (No. 1) 2011 applies to organisations that hold an approval issued under Part 147 of the Civil Aviation Safety Regulations 1998 (CASR 1998) to conduct training and assessment. These organisations, known as maintenance training organisations (MTO), must meet specific requirements to ensure the safety and airworthiness of aircraft. The Act under which this regulation is made is the Civil Aviation Act 1988, which empowers the Governor-General to make regulations in the interests of air navigation safety. The MOS Part 147, which this instrument amends, is a legislative instrument made under the authority granted by CASR 1998 and is not subject to the sunsetting provisions of the Legislative Instruments Act 2003. The instrument corrects minor errors and standardises references within the MOS, ensuring consistency with CASR 1998. The instrument was displayed on the World Wide Web for 28 days before making, in accordance with CASR 1998, and no public comments were received. The instrument has been made by the Director of Aviation Safety, on behalf of the Civil Aviation Safety Authority (CASA), and it commences immediately after the MOS, on 27 June 2011.
Key Provisions
The Manual of Standards (MOS) Part 147 Amendment Instrument (No. 1) 2011 (the Instrument) amends the MOS Part 147 of the Civil Aviation Safety Regulations 1998 (CASR 1998) to align it with the regulatory approach adopted by the European Aviation Safety Agency (EASA). The MOS sets out the requirements for organisations seeking approval to conduct training and assessments under Part 147 of CASR 1998. Specifically, the Instrument corrects minor errors, standardises cross-references, and ensures the title of the MOS is consistent with references in CASR 1998 (section 2 of the Instrument). This amendment is made under the authority of the Civil Aviation Act 1988 (section 98(1)) and the Civil Aviation Safety Regulations 1998 (section 147.015).
Organisations seeking approval to conduct training and assessments under CASR Part 147 must meet the requirements set out in the MOS. This includes demonstrating their ability to develop and implement training programs, conduct examinations, and maintain records of training and assessment activities. The MOS outlines specific criteria that organisations must meet in terms of personnel qualifications, facilities, equipment, and training materials. It also requires organisations to establish and maintain a quality management system to ensure the effectiveness of their training programs (section 3 of the Explanatory Statement).
Failure to comply with the requirements set out in the MOS may result in the refusal or revocation of approval to conduct training and assessments under CASR Part 147. In addition, any organisation found to be non-compliant with the MOS may be subject to enforcement action by the Civil Aviation Safety Authority (CASA). This may include the imposition of fines, the requirement to take corrective action, or the suspension or revocation of the organisation’s approval. The maximum penalty for contravening a requirement under CASR 1998 is a fine of up to $275,000 for an individual and $1.375 million for a body corporate (subsection 98(5) of the Act and regulation 9.05 of CASR 1998).
In summary, the MOS Part 147 Amendment Instrument (No. 1) 2011 corrects minor errors and standardises cross-references in the MOS Part 147 to ensure consistency with CASR 1998. It is made under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Organisations seeking approval to conduct training and assessments under CASR Part 147 must meet the requirements set out in the MOS, which includes demonstrating their ability to develop and implement training programs, conduct examinations, and maintain records of training and assessment activities. Failure to comply with the requirements of the MOS may result in enforcement action by CASA, including fines and the suspension or revocation of the organisation’s approval.