Part 66 Manual of Standards Amendment Instrument 2019 (No. 1)

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

Legislation au F2019L01413 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Part 66 Manual of Standards Amendment Instrument 2019 (No. 1)

 

Purpose

The Part 66 Manual of Standards Amendment Instrument 2019 (No. 1) (the instrument) amends the Part 66 Manual of Standards (the MOS). The amendments in the instrument comprise a minor amendment of the table in Appendix IV of the MOS, and the addition of aircraft types, and corresponding aircraft type ratings, in Appendix IX, Tables 1 and 2 of the MOS.

 

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 amends the table in Appendix IV of the MOS by inserting a new unit of competency for a subcategory of aircraft engineer licence mentioned in the table.

 

The instrument amends Appendix IX, Table 1 of the MOS by adding 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 amends Parts 1 and 2 of Appendix IX, Table 2 of the MOS by adding aircraft types, and corresponding aircraft type ratings, for which training may be delivered or arranged, under subparagraph 66.A.45 (h) 2 or 3 of the MOS, by a Part 145 organisation. These amendments are effected so as to dovetail with the existing listing of the aircraft types and aircraft type ratings in Appendix IX, Table 1 of the MOS.

 

Legislation Act 2003 (the LA)

Subsection 98 (5A) of the Act states 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 states that an instrument is 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.

 

As 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 a Manual of Standards (the draft MOS), under regulation 11.280 of CASR, which contained a number of proposed amendments of the MOS, including the amendments in the instrument. The period during which comments were invited to be lodged in relation to the draft MOS was 28 days.

No comments were received by CASA in relation to the amendments in the instrument.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the amendments in the instrument are covered by a standing agreement between CASA and OBPR under which a RIS is not required for amendments of Manuals of Standards that are of a minor or machinery nature (OBPR id: 14507), or involve 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.

Attachment 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 2019 (No. 1)

 

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.

 

Overview of the legislative instrument

The Part 66 Manual of Standards Amendment Instrument 2019 (No. 1) (the instrument) amends the Part 66 Manual of Standards (the MOS). The amendments in the instrument comprise a minor amendment of the table in Appendix IV of the MOS, and the addition of aircraft types, and corresponding aircraft type ratings, in Appendix IX, Tables 1 and 2 of the MOS. The amendments are consistent with existing Civil Aviation Safety Authority policy and are beneficial to the civil aviation 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 aircraft types added to Appendix IX, Tables 1 and 2 of the MOS by the instrument.

 

Conclusion

The instrument is compatible with human rights.

Civil Aviation Safety Authority

Overview

The Part 66 Manual of Standards Amendment Instrument 2019 (No. 1) was enacted to amend the Part 66 Manual of Standards under the Civil Aviation Safety Regulations 1998. This legislation was introduced to address the need for updating and expanding the scope of aircraft engineer licences and ratings to accommodate new aircraft types and to ensure that the safety standards for aircraft maintenance remain current and comprehensive. Enacted by the Civil Aviation Safety Authority (CASA), the amendments aim to maintain the safety and airworthiness of aircraft by ensuring that aircraft engineers possess the necessary qualifications for the types of aircraft they work on. The policy objective of this amendment is to enhance the safety of air navigation by ensuring that aviation safety standards are kept up-to-date with technological advancements and the introduction of new aircraft types into the market.

Scope and Application

The Part 66 Manual of Standards Amendment Instrument 2019 (No. 1) applies to aircraft engineers and the aviation industry by amending the Part 66 Manual of Standards (MOS), which specifies aviation safety standards under the Civil Aviation Safety Regulations 1998 (CASR). The amendments involve minor changes to the table in Appendix IV of the MOS and the addition of new aircraft types and corresponding aircraft type ratings in Appendix IX, Tables 1 and 2 of the MOS. These changes pertain to the licensing requirements for aircraft engineers to perform maintenance on specified aircraft types. The instrument is made under the authority of the Civil Aviation Act 1988, which empowers the Civil Aviation Safety Authority (CASA) to develop and promulgate aviation safety standards. The instrument has a national jurisdictional reach, as CASA is the Commonwealth regulator of civil aviation safety. There are no stated exclusions or exemptions within the instrument itself, though compliance with specific safety standards may vary based on aircraft type and operational context. The instrument is subject to the legislative framework provided by the Legislative Instruments Act 2003, which governs the creation and operation of legislative instruments in Australia.

Key Provisions

The Part 66 Manual of Standards Amendment Instrument 2019 (No. 1) primarily amends the Part 66 Manual of Standards (MOS) under the Civil Aviation Safety Regulations 1998 (CASR). It introduces a new unit of competency for a specific subcategory of aircraft engineer licence in Appendix IV of the MOS (section 1). Additionally, the instrument adds new aircraft types and corresponding aircraft type ratings to Appendix IX, Tables 1 and 2 of the MOS, which list type-rated aircraft and their respective training requirements (section 1). These amendments aim to align the MOS with current safety and operational requirements for aircraft maintenance and airworthiness. The obligations and requirements imposed by the instrument pertain to aircraft engineers and organisations involved in the maintenance and training of these new aircraft types. Aircraft engineers must now complete CASA-approved theory and practical training to be endorsed with the corresponding aircraft type rating for the new aircraft types. This is necessary for maintaining airworthiness and ensuring safe operation of these aircraft (section 1). Additionally, Part 145 organisations must comply with the new entries in Appendix IX, Table 2, which detail the aircraft types and ratings they can train engineers for (section 1). These obligations ensure that only qualified personnel perform maintenance on these aircraft types. In terms of consequences for non-compliance, the instrument does not explicitly detail specific penalties for breaches of its provisions. However, the overarching framework under the Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (section 66.015) provides for regulatory oversight and enforcement by CASA. Non-compliance with CASR could result in administrative action, fines, or other enforcement measures as deemed appropriate by CASA to ensure aviation safety. Additionally, the instrument's status as a legislative instrument means it is subject to parliamentary scrutiny and potential disallowance if not in compliance with legislative requirements (section 98(5A)). These provisions ensure that the safety and operational standards set forth in the MOS are adhered to rigorously.

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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.