Explanatory Statement
Civil Aviation Safety Regulations 1998
Part 66 Manual of Standards Amendment Instrument 2017 (No. 3)
Purpose
The purpose of the Part 66 Manual of Standards Amendment Instrument 2017 (No. 3) (the No. 3 Amendment) is to amend the Part 66 Manual of Standards (Part 66 MOS) by adding the following aircraft type ratings for aircraft engineer licences (AELs) that must now be held before aircraft engineers can perform and certify for maintenance on the aircraft types:
1. AIRBUS A350 (RRTrent XWB);
2. Embraer EMB-505 (PWC PW535);
3. Beech 400XT Nextant (Williams FJ44).
The No. 3 Amendment also makes minor editorial changes to correct existing errors and inaccuracies, or to make the type rating listing consistent with the equivalent type rating established by the European Aviation Safety Agency (EASA).
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.
Section 98 of the Act empowers the Governor-General to 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). The Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1) were registered on 14 December 2010, to come into effect on 27 June 2011. These regulations amended CASR to create, among other things, Part 66 of CASR.
Part 66 of CASR, Continuing airworthiness — aircraft engineer licences and ratings, deals with the various categories and types of aircraft engineer licences and ratings issued by CASA for the performance of maintenance certifications and issuing certificates of release to service for aircraft.
Under subsection 98 (5A) of the Act, the regulations empower CASA to issue instruments in relation to the maintenance or airworthiness of aircraft. For subsection 98 (5A) of the Act, regulation 66.015 of CASR empowers CASA to issue a Manual of Standards that specifies matters affecting the maintenance or airworthiness of aircraft. In particular, paragraph 66.015 (2) (e) of CASR provides for the Manual of Standards to specify that an aircraft type is a type rated aircraft type for an AEL.
Instrument
The No. 3 Amendment amends Appendix IX of the Part 66 MOS by inserting 3 new aircraft type ratings to the list of aircraft specified under Part 66 as type rated aircraft types. Each of the new aircraft types are complex and are required to first be “type accepted” by CASA then subsequently registered on the Australian Civil Aircraft Register prior to operation of the aircraft within Australia. To support the appropriate and safe operational and maintenance requirements of these aircraft types, CASA will require an aircraft engineer’s licence to be endorsed with the particular aircraft type rating after completion of CASA approved theory and practical training for the aircraft type.
The No. 3 Amendment makes other minor editorial amendments to correct an error, remove an incorrect reference to an aircraft type from the Part 66 MOS, and to make a type rating listing consistent with the equivalent type rating established by EASA.
CASA has assessed the submissions by operators and maintenance organisations for inclusion on the list of aircraft specified under Part 66 as type rated aircraft types.
Legislation Act 2003 (the LA)
Subsection 98 (5A) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation of aircraft. Under paragraph 98 (5AA) (a) of the Act, such an instrument is a legislative instrument for the LA if it is expressed to apply in relation to a class of persons. The Part 66 MOS is a legislative instrument since it applies to a class of persons, being aircraft engineers.
Paragraph 10 (1) (d) of the LA provides that an instrument will be a legislative instrument if it includes a provision that amends another legislative instrument.
Therefore, the No. 3 Amendment is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
The No. 3 Amendment is minor or machinery in nature. It makes changes to Appendix IX of the Part 66 MOS by inserting new aircraft type ratings and corrects minor editorial errors or makes the type rating listing consistent with equivalent EASA type ratings.
Further, recognition of the new aircraft type ratings is in response to new aircraft being introduced into the fleet of Australian operators and is required as soon as possible to ensure that appropriate licensing standards apply to the operators’ aircraft maintenance engineers. The editorial amendments are beneficial to, and expected by, the industry.
The Director of Aviation Safety has issued an instrument of determination under paragraphs 11.275 (1) (a) and (d) of CASR that determines that the measures in the No. 3 Amendment are of a minor or machinery nature that do not substantially alter existing arrangements, and that some of them need to be issued as soon as possible in the interests of aviation safety. The making of the determination permits departure by CASA from the requirements in Subpart 11.J of CASR to publish a draft MOS for consultation purposes. In these circumstances, CASA is satisfied that no consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for amendments to Manuals of Standards that are of a minor or machinery nature (OBPR id: 14507).
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument is compatible with human rights, as it engages in a positive way with the right to work.
Making and commencement
The No. 3 Amendment has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The No. 3 Amendment commences on the day after registration and will be repealed in accordance with section 48A of the LA.
[Part 66 Manual of Standards Amendment Instrument 2017 (No. 3)]
Appendix 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Part 66 Manual of Standards Amendment Instrument 2017 (No. 3)
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 Part 66 Manual of Standards Amendment Instrument 2017 (No. 3) (the No. 3 Amendment) is to amend the Part 66 Manual of Standards to insert 3 new aircraft type ratings to the list of aircraft specified under Part 66 as type rated aircraft types. These new aircraft type ratings are required by aircraft engineer licence holders before they are able to carry out and certify for maintenance on those specific types of aircraft. The No. 3 Amendment also makes minor editorial amendments to correct existing errors and inaccuracies, and to make the type rating listing consistent with the equivalent type ratings established by EASA. These amendments are minor or machinery in nature, are consistent with existing CASA policy and are beneficial to industry.
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 engages in a positive way with the right to work by facilitating the performance of professional maintenance activities on the new aircraft types.
Conclusion
The No. 3 Amendment as a legislative instrument is compatible with human rights.
Civil Aviation Safety Authority