Part 66 Manual of Standards Amendment Instrument 2018 (No. 2)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2018L01577 Not in force Legislative Instrument

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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

Overview

The Part 66 Manual of Standards Amendment Instrument 2018 (No. 2) was enacted to amend the Part 66 Manual of Standards under the Civil Aviation Safety Regulations 1998. This instrument was introduced to address minor typographical errors, update the numbering of units of competency, and incorporate new aircraft types and their corresponding ratings to ensure that the Manual of Standards remains current and accurate. The Civil Aviation Safety Authority (CASA), under the authority of the Civil Aviation Act 1988, has the responsibility to develop and promulgate aviation safety standards. This amendment was made in accordance with section 98 of the Act, which empowers the Governor-General to create regulations for the safety of air navigation. The policy objective of this instrument is to ensure the safe and effective maintenance of aircraft by updating standards to reflect new aircraft types and correcting any errors in existing standards. The instrument was subject to consultation and is compatible with human rights, particularly engaging positively with the right to work.

Scope and Application

The Part 66 Manual of Standards Amendment Instrument 2018 (No. 2) pertains to the Part 66 Manual of Standards, which is integral to the administration of aircraft engineer licences and ratings under the Civil Aviation Safety Regulations 1998. This legislative instrument applies to aircraft engineers, specifically those who perform maintenance certifications and issue certificates of release to service for aircraft. The instrument is a creation under the Civil Aviation Act 1988, with its amendments being authorised by the Governor-General through the Civil Aviation Safety Regulations 1998. The instrument is a legislative instrument as it amends the Manual of Standards, which is itself a legislative instrument, and applies to a class of persons, namely aircraft engineers. The instrument is applicable nationally, given its roots in federal legislation. It does not specify exclusions or thresholds but is designed to ensure the maintenance and airworthiness of aircraft by correcting typographical errors, updating competency units, and adding new aircraft types and ratings. The instrument is subject to parliamentary scrutiny and disallowance, and it commences on the day after it is registered.

Key Provisions

The key provisions of the Part 66 Manual of Standards Amendment Instrument 2018 (No. 2) amend the Part 66 Manual of Standards (MOS) under the Civil Aviation Safety Regulations 1998 (CASR) to correct typographical errors, update entries for units of competency, and add new aircraft types and corresponding aircraft type ratings (s. 9, 98). The amendments aim to ensure the safe maintenance and airworthiness of aircraft by updating the MOS to reflect current industry standards and practices. These changes include minor corrections and adjustments to the MOS to ensure consistency and accuracy in the documentation, as well as the addition of new aircraft types to facilitate the training and licensing requirements for aircraft engineers. The obligations imposed by this instrument primarily concern aircraft engineers and organisations involved in aircraft maintenance. Aircraft engineers must adhere to the updated standards and requirements outlined in the MOS, including completing CASA-approved theory and practical training for new aircraft types. Organisations involved in the maintenance of aircraft must also ensure that their practices and procedures comply with the amended MOS, particularly in relation to the new aircraft types and ratings. This includes ensuring that all personnel involved in the maintenance of these aircraft types are appropriately licensed and trained. Failure to comply with the amended MOS may result in civil or criminal consequences, depending on the nature and severity of the breach. For minor or machinery amendments, penalties may include fines, while more serious breaches could result in prosecution under the Civil Aviation Act 1988 (Cth) or other relevant legislation. The maximum penalties for breaches of CASR are generally outlined in the regulations themselves, but can include substantial fines for individuals and organisations. In cases of serious misconduct or negligence, criminal penalties may also apply, potentially resulting in imprisonment. The instrument also imposes obligations on the Civil Aviation Safety Authority (CASA) to ensure the effective implementation and enforcement of the amended MOS. CASA must monitor compliance with the updated standards and take appropriate action against non-compliant aircraft engineers and organisations. This includes conducting inspections, audits, and investigations as necessary to ensure that the safety standards are being met. CASA must also provide guidance and support to the aviation industry to facilitate the transition to the new standards and requirements outlined in the amended MOS. Overall, the instrument seeks to enhance the safety and efficiency of aircraft maintenance by updating the MOS to reflect current industry practices and standards. By imposing clear obligations on aircraft engineers and organisations, and providing for appropriate penalties and consequences for non-compliance, the instrument aims to ensure that the maintenance of aircraft is conducted in a safe and professional manner. The obligations and requirements imposed by the instrument are designed to facilitate the safe and efficient operation of aircraft, while also promoting the professional development and training of aircraft engineers.

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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.