Explanatory Statement
Civil Aviation Safety Regulations 1998
Part 66 Manual of Standards Amendment Instrument 2018 (No. 2)
Purpose
The Part 66 Manual of Standards Amendment Instrument 2018 (No. 2) (the instrument) amends the Part 66 Manual of Standards (the MOS). The amendments in the instrument are of a minor or machinery nature, and are detailed in this Explanatory Statement.
Legislation
Under section 9 of the Civil Aviation Act 1988 (the Act), the Civil Aviation Safety Authority (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).
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 the issuing of certificates of release to service for aircraft.
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 66.015 of CASR empowers CASA to issue a Manual of Standards that specifies matters affecting the maintenance or airworthiness of aircraft.
Instrument
The instrument corrects typographical errors in Appendix I, Part 3, Modules 7 and 15 of the MOS.
The instrument makes minor amendments to particular entries for units of competency contained in the table in Appendix IV of the MOS.
The instrument omits the entries for particular sets of units of competency contained in the table in Appendix VIII of the MOS.
The instrument also updates the numbering of various units of competency mentioned in the table in Appendix VIII of the MOS. This renumbering is effected to dovetail with the numbering of the units of competency mentioned in the table in Appendix IV of the MOS.
The instrument amends Appendix IX, Table 1 of the MOS by adding new aircraft types, and corresponding aircraft type ratings, to the list of aircraft specified, under Part 66 of CASR, as type rated aircraft types. To support the appropriate and safe operational and maintenance requirements of each new aircraft type, CASA will require an aircraft engineer licence to be endorsed with the corresponding aircraft type rating after completion of CASA-approved theory, and practical, training for the aircraft type.
The instrument also makes minor amendments to entries for particular Type Certificate (TC) holders contained in Appendix IX, Table 1 of the MOS.
The instrument amends Part 1 of Appendix IX, Table 2 of the MOS by adding new aircraft types, and corresponding aircraft type ratings, for which on-the-job training may be provided by a Part 145 organisation. This amendment is effected to dovetail with the existing listing of the aircraft types and aircraft type ratings in Appendix IX, Table 1 of the MOS.
The instrument amends Appendix IX, Table 5 of the MOS by inserting an entry for a new aircraft type, and corresponding aircraft type rating, for a particular TC holder.
The instrument also makes minor amendments to particular entries for the TC holder contained in Appendix IX, Table 5 of the MOS. These amendments are effected to dovetail with the existing entries for the TC holder in Part 2 of Appendix IX, Table 2 of the MOS.
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 instrument is a legislative instrument as it applies to a class of persons, being aircraft engineers.
Paragraph 10 (1) (d) of the LA also provides that an instrument will be a legislative instrument if it includes a provision that amends another legislative instrument. The instrument amends the MOS, which is a legislative instrument. Accordingly, the instrument is a legislative instrument.
The instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
Before the instrument was issued by CASA, it published a notice of intention to issue the instrument under regulation 11.280 of CASR. As the amendments in the instrument are of a minor or machinery nature, the period during which comments were invited to be lodged was a period of 14 days, which CASA considered to be reasonable in the circumstances.
As a result of comments received in relation to one of the amendments in the consultation draft of the instrument, CASA decided not to include this amendment in the instrument.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because these amendments are 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) or are for the addition of aircraft types to Appendix IX of the MOS (OBPR id: 20488).
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 instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument commences on the day after it is registered, and will be repealed in accordance with section 48A of the LA.
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 2018 (No. 2)
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 Part 66 Manual of Standards Amendment Instrument 2018 (No. 2) (the instrument) amends the Part 66 Manual of Standards (the MOS). The instrument makes amendments that are of a minor or machinery nature. The amendments are consistent with existing Civil Aviation Safety Authority policy and are beneficial to industry.
Human rights implications
The 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 added to Appendix IX, Tables 1, 2 and 5 of the MOS.
Conclusion
The instrument is compatible with human rights.
Civil Aviation Safety Authority