ATTACHMENT A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013

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 Amendment Regulation (the Regulation) makes various amendments to the Civil Aviation Regulations 1988 (CAR) and Civil Aviation Safety Regulations 1998 (CASR), primarily to allow CASR Part 42 Continuing Airworthiness Management Organisations (CAMOs) and CASR Part 145 Approved Maintenance Organisations (AMOs) to provide continuing airworthiness management and aircraft maintenance services for aircraft to which Part 42 and Part 145 of CASR do not apply. The effect will be to expand the applicability of Part 42 to allow a CAMO to add non-regular public transport (non-RPT) aircraft (such as aircraft used in charter, aerial work and private operations) to their organisational approval and to allow a Part 145 AMO to provide maintenance services to non -RPT aircraft under the CAR 1988.

The amendments respond to industry's request for permission for CAMOs and AMOs to be able to manage continuing airworthiness and maintenance requirements for aircraft currently not authorised for operate in RPT operations - as described under paragraph 206(1)(c) of CAR 1988. 

The Regulation also makes minor amendments to Part 47 of CASR to provide that CASA may only suspend registration rather than cancel registration when certain change-of-ownership administrative matters had not been completed within a specified period.

 

In addition Part 66 of CASR - Continuing airworthiness - aircraft engineer licences and ratings, is amended to standardise additional practical experience requirements required for licences and ratings; and remove a requirement for licensed maintenance engineers to re-notify CASA of significant medical conditions, even if there had been no change in medical status from the time a licence was gained, when making aircraft type rating applications.

 

Various minor and machinery amendments are also included in the Amendment Regulation including to heading styles and tables of contents in order to be consistent with requirements of the 2011 amendments to the Acts Interpretation Act 1901 (AIA). Consequential, transitional and savings regulations to implement the regulatory changes are included in the Regulation. Relevant but now out-dated consequential, transitional and savings regulations, would be repealed or updated to remove dates that have passed. The Regulation would also make various minor editorial and machinery amendments to CASR and CAR.

Human Rights Implications

Presumption of Innocence

An offence provision is included in this legislative instrument that is a strict liability offence and engages the right to the presumption of innocence under the International Covenant on Civil and Political Rights. The offence (under regulation 202.810) relates to safety requirements that must be adhered to in relation to aircraft maintenance activities. The strict liability offence is considered justified and therefore not inconsistent with the presumption of innocence in that it is regulatory in nature. There is an expectation that individuals who participate in the aviation sector are deemed to have accepted certain conditions, particularly where the activities carry public safety risks. The deterrence effect of the strict liability offence also contributes significantly to maintaining the integrity of the aviation safety system. The strict liability offence is also proportionate in that it falls at the lower end of the scale, not exceeding 50 penalty units. 

Right to work, rights of equality and non-discrimination

A number of other rights under the International Covenant on Civil and Political Rights and under the International Covenant on Economic, Social and Cultural Rights are engaged, such as the right to work, equality and non-discrimination.  These rights are engaged by those provisions that provide a voluntary means for an approved maintenance organisation to provide continuing airworthiness management and aircraft maintenance services, standardising additional practical experience requirements for licences and ratings, and the removal of the requirement for individuals to re-notify CASA of significant medical conditions even if there had been no change in medical status from the time a licence was gained, when making aircraft type rating applications. 

These requirements are provided to broaden the scope of privileges of aircraft operators and maintenance organisations, streamline CASA's processing of certain licences and associated ratings issued under CASR Part 66 and to provide relief to owners and potential owners of aircraft from the cancellation of aircraft registration when transferring ownership within Australia's aviation industry. In most cases the rights are engaged in a positive way.

Conclusion

The legislative instrument is compatible with human rights and to the extent that it may also limit human rights, those limitations are reasonable and proportionate in order to ensure the safety of aviation operations and to promote the integrity of the aviation safety system.

 

Warren Truss
Minister for Infrastructure and Regional Development

 

 

 

ATTACHMENT B

 

Details of the Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013

 

Section 1 - Name of regulation

Item 1 provides that the title of the regulation is the Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013.

 

Section 2 - Commencement

Item 2 provides that the regulation commences on 18 December 2013.

 

Section 3 - Authority

Item 3 provides that the regulation is made under the Civil Aviation Act 1988.

 

Section 4 - Schedule(s)

Item 4 provides that each instrument that is specified in a Schedule to the instrument will be amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument will have effect according to its terms.

 

Schedule 1 - Amendments

 

Civil Aviation Regulations 1988

 

Item [1] Subregulation 30(1A)

Item [1] omits "On or after 27 June 2013, a person", and substitutes "A person" as the date has now passed.

 

Item [2] Paragraphs 42W(4)(a)

Item [2] repeals the paragraph and substitutes a paragraph that more clearly describes the documentary certification matters to be met when installing a component that has been manufactured in the course of maintenance.

 

Item [3] Paragraph 139(1)(c)

Item [3] omits "unless", and substitutes "if Part 42 does not apply to the aircraft--unless" to clarify that aircraft to which CASR Part 42 applies are not subject to the provision.

 

Item [4] Division 2 of Part 20 (heading)

Item [4] omits "(commencing on 27 June 2011)" from the heading as the period of commencement and transition has passed.

 

Item [5] Regulations 326 to 329

Item [5] repeals the transitional regulations 326 to 329 whose effect is spent and substitute the following regulations:

 

328 Application of Part 4A to aircraft

Part 4A does not apply to an aircraft to which Part 42 of CASR applies which would set out the continuing airworthiness requirements, including requirements for maintenance, for aircraft and aeronautical products to which Part 42 applies.

 

Item [6] Regulation 330

Item [6] omits "on and after 27 June 2011," as the date has now passed.

 

Item [7] Regulation 332

Item [7] omits "On and after 27 June 2011, paragraphs" and substituted "Paragraphs" as the date has now passed.

 

Item [8] At the end of Part 20

Item [8] adds a division to the CAR at the end of Part 20 to house transitional provision that assist in the voluntary application of CASR Parts 42 and 145 to aircraft, that would but for the voluntary election, be covered by CAR 1988:

 

Division 4--Transitional provisions - amendments made by the Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013

Subdivision 1--Transitional provisions

 

Regulations 336 and 337 cover:

*         references to certification of completion of maintenance and authorised release certificates (regulation 42W), and

*         application of regulation 214 (Training of maintenance personnel).

 

Subdivision 2--Part 145 organisations approved to undertake CAR maintenance activities

 

The regulations 338 through 343 cover:

*         the definition of approved system of certification of completion of maintenance

*         compliance with regulation 42G (Flight control system: additional requirements)

*         compliance with Division 4 of Part 4A (How maintenance is to be carried out)

*         who may carry out maintenance for regulation 42ZC (Maintenance on Australian aircraft in Australian territory)

*         application of regulations 42ZF to 42ZM (which deal with approved systems of certification of completion of maintenance), and

*         compliance with Part 4B (Defect reporting).

 

Civil Aviation Safety Regulations 1998

 

Item [9] Part 1 (table of contents)

Item [9] omits the entries for regulations 1.006 and 1.007 in response to the Acts Interpretation Amendment Act 2011.

 

Item [10] Regulations 1.006 and 1.007

Item [10] repeals the regulations in response to Acts Interpretation Amendment Act.

 

Item [11] Paragraph 21.184(3)(e)

Item [11] repeals the paragraph and substitutes a paragraph that allows the documents issued for the aircraft in relation to the maintenance to be either a certificate of release to service or an equivalent document issued in accordance with a National Airworthiness Authority (NAA) arrangement.

 

 

Item [12] Subregulation 21.617(3)

Item [12] omits "21.502(1)(b)" (wherever occurring) and substitutes "21.502(1)(c)" to correct the cross reference.

 

Item [13] Regulation 42.010 (note 2)

Item [13] repeals the note, and substitutes an equivalent note that has been updated to reflect the expiration of the transitional period.

 

Item [14] Paragraph 42.015(3)(k)

Item [14] omits ", as in force immediately before 27 June 2011" as the date limitation is not required.

 

Item [15] Paragraph 42.030(2)(b)

Item [15] repeals the paragraph and substitutes a paragraph that allows the documents issued for the aircraft in relation to the maintenance to be either a certificate of release to service or an equivalent document issued in accordance with a NAA arrangement.

Item [16] Subregulation 42.180(4)

Item [16] repeals the subregulation, and substitutes a subregulation that provides for, in relation to engine and propeller replacements, the addition of the use of an equivalent document issued in accordance with a NAA arrangement mentioned in regulation 42.301.

 

Item [17] Paragraph 42.195(6)(b)

Item [17] omits "the date", and substitutes "the day" to provide greater clarity.

 

Item [18] Paragraph 42.200(4)(b)

Item [18] repeals the paragraph, and substitutes a paragraph that provides for, in relation to aircraft or aeronautical product maintenance, the addition of the use of an equivalent document issued in accordance with a NAA arrangement mentioned in regulation 42.301.

 

Item [19] Paragraph 42.200(7)(b)

Item [19] repeals the paragraph, and substitutes a paragraph that provides for, in relation to aeronautical product fitment, the addition of the use of an equivalent document issued in accordance with a NAA arrangement mentioned in regulation 42.301.

 

Item [20] Subregulation 42.205(5)

Item [20] repeals the subregulation and substitutes a subregulation that provides for, in relation to modifications, the addition of the use of an equivalent document issued in accordance with a NAA arrangement mentioned in regulation 42.301.

 

Item [21] Paragraph 42.210(4)(b)

Item [21] repeals the subregulation and substitutes a subregulation that provides for, in relation to fitment of aeronautical product to the aircraft, the addition of the use of an equivalent document issued in accordance with a NAA arrangement mentioned in regulation 42.301.

 

Item [22] Subregulation 42.260(1) (table item 4)

Item [22] repeals the table item number 4 and substitutes a new item that incorporates an equivalent document issued in accordance with a NAA arrangement mentioned in regulation 42.301.

 

Item [23] Subregulation 42.301(1)

Item [23] in response to Acts Interpretation Amendment Act 2011, omits "Territory", and substitutes "territory".

 

Item [24] Subregulation 42.306(1)

Item [24] in response to Acts Interpretation Amendment Act 201, omits "Territory", and substitutes "territory".

 

Item [25] Paragraph 42.306(2)(b)

Item [25] omits "that granted the approval" because the words are superfluous.

 

Item [26] Subregulation 42.325(4)

Item [26] omits "(1)" and substitutes "(2)", to correct a referencing error.

 

Item [27] Paragraph 42.395(3)(a)

Item [27] repeals the paragraph and substitutes: "(a) the registration mark for the aircraft;" as this is sufficient for identifying the aircraft to which the maintenance records relate.

 

Items [28] Paragraph 42.900(2)(i)

Item [28] repeals the paragraph as the obligation is unnecessary for the purpose of an airworthiness review.

 

Items [29] through [42] give effect to the requirement for an automatic suspension of registration; until certain documentary change of ownership matters are met, in lieu of automatic cancellation of registration.

 

Item [29] Part 47 (table of contents)

Item [29] recognises the amendment of regulation 47.130 by omitting the entry for regulation 47.130, and substituting:

                                                      

47.130              Lapsing of registration

47.131             Suspension and cancellation of registration following a transfer

47.132             Cancellation of registration on other grounds

 

Item [30] Subregulation 47.040(2) (note)

Item [30] omits "subregulation 47.130(3)", and substitutes "regulation 47.132".

 

Item [31] Subregulation 47.060(2) (note)

Item [31] omits "47.130(4)", and substitutes "47.130(2)".

 

Item [32] Subregulation 47.085(1) (note 2)

Item [32] omits "47.130(4)", and substitutes "47.130(2)".

 

Item [33] Subregulation 47.095(1)

Item [33] after "lapses", inserts ", is suspended".

 

Item [34] Subregulation 47.100(3) (note)

Item [34] omits "paragraph 47.130(2)(c)", and substitutes "regulation 47.132".

 

Item [35] Subregulation 47.100(7) (note)

Item [35] omits "paragraph 47.130(2)(c)", and substitutes "regulation 47.132".

 

Item [36] Subparagraph 47.110(4)(b)(i)

Item [36] repeals the subparagraph, and substitutes: (i) a copy of the transfer notice; and

 

Item [37] Subregulation 47.110(5) (note)

Item [37] repeals the note, and substitutes: Note: If the aircraft's new owner does not apply to be the new registration holder within 28 days after the day of the transfer, CASA must suspend the aircraft's registration: see regulation 47.131.

 

Item [38] Paragraph 47.110(6)(b)

Item [38] repeals the paragraph.

 

Item [39] Regulation 47.110 (note 1)

Item [39] repeals the note.

 

Item [40] Regulation 47.110 (note 2)

Item [40] omits "Note 2", and substitutes "Note 1".

 

Item [41] Regulation 47.110 (note 3)

Item [41] omits "Note 3", and substitutes "Note 2".

 

Item [42] Regulation 47.130

Item [42] repeals the regulation, and substitutes regulations 47.130, 47.131 and 47.132 so that the following matters are dealt with:

*         lapsing of registration

*         suspension and cancellation of registration following a transfer, and

*         cancellation of registration on other grounds.

 

Item [43] Part 66 (table of contents)

Item [43] in response to Acts Interpretation Amendment Act 2011, omits the entry for regulation 66.135, and substitutes: 66.135 Category B1 and B2 licences--maintenance certification on behalf of Part 145 organisation

 

Item [44] Regulation 66.010 (definition of additional practical experience)

Item [44] repeals the definition (not including the table), and substitutes the same information supplemented with consideration of rating practical experience.

 

Items [45] through [52] give effect to a policy of checking for medically significant conditions during the application for a licence period and in reliance of the obligation for a licence holder to notify CASA of new or changes to, medically significant conditions, rather than re-obligate notification of medically significant conditions during rating applications.

 

Item [45] Paragraph 66.075(2)(b)

Item [45] after "Standards", inserts "(the relevant licence)".

 

Item [46] Paragraph 66.075(3)(c)

Item [46] omits "; and", and substitutes "." to prepare the paragraph for Item 47.

 

Item [47] Paragraph 66.075(3)(d)

Item [47] repeals the paragraph.

 

Item [48] At the end of regulation 66.075 (before the notes)

Item [48] adds:

 

(4) Also, the application must comply with subregulation (5) if, at the time of making the application: (a) the applicant has a medically significant condition that is safety-relevant; and

(b) the condition was not specified in the applicant's application for the relevant licence.

 

(5) For subregulation (4), the application must:

(a) specify the condition; and

(b) be accompanied by a report from a medical practitioner that describes the condition.

 

Item [49] Paragraph 66.080(1)(a)

0m [49] repeals the paragraph, and substitutes:

(a) if subregulation 66.075(4) applies to the applicant--the applicant can safely exercise at least one of the privileges mentioned in the Part 66 Manual of Standards for the rating applied for; and

 

Item [50] Paragraph 66.085(b)

Item [50] repeals the paragraph, and substitutes: (b) in the 2 years immediately before making the application, the applicant: (i) exercised privileges under the licence or authorisation for at least 6 months; or (ii) gained at least 6 months additional practical experience;

 

Item [51] Paragraph 66.090(c)

Item [51] repeals the paragraph, and substitutes: (c) in the 2 years immediately before making the application, the applicant: (i) exercised privileges under the licence or authorisation for at least 6 months; or (ii) gained at least 6 months additional practical experience; and

 

Item [52] Regulation 66.125

Item [52] repeals the regulation, and substitutes the regulation containing the updated regulatory provision of licensed aircraft maintenance engineers with medical significant conditions.

 

Item [53] Regulation 66.135 (heading)

Item [53] repeals and re-substitutes the heading to effect the replacement of the "for" with the words "on behalf of" as a matter of drafting style.

 

Item [54] Part 90 (table of contents)

Item [54] in response to Acts Interpretation Amendment Act 2011, omits the entries for Division 90.C.4, and substitutes:

 

Division 90.C.4--Systems and equipment

90.280 Seats

90.285 Pitot heat indication systems

90.290 Landing gear aural warning systems

 

 

Item [55] Part 90 (table of contents)

Item [55] in response to Acts Interpretation Amendment Act 2011, omits the entries for Subpart 90.D, and substitutes:

 

Subpart 90.D--Small aeroplanes engaged in air transport operations

90.400 Applicability

90.405 Cargo and baggage compartments

90.410 Emergency exits

90.415 Landing gear aural warning systems

 

Item [56] Part 92 (table of contents)

Item [56] omits the entry for regulation 92.150.

 

Item [57] Regulation 92.150

Item [57] repeals the regulation as its effect is now spent.

 

Item [58] Part 139 (table of contents)

Item [58] in response to Acts Interpretation Amendment Act 2011, omits the entry for regulation 139.030, and substitutes: 139.030 Restrictions on use of terminal instrument flight procedures.

 

Item [59] At the end of regulation 145.005

Item [59] adds the note: See Division 202.GE.2.1 for transitional provisions under which Part 145 organisations can be approved to undertake CAR maintenance activities.

 

Item [60] Subregulation 201.004(2) (table 201.004, item 13)

Item [60] omits "47.130", and substitutes "47.132" to update the cross reference.

 

Item [61] Part 202 (table of contents)

Item [61] omits the entries for regulations 202.180, 202.181 and 202.182, and inserts updated entries for regulations 202.180 and 202.181.

 

Item [62] Part 202 (table of contents)

Item [62] omits the entry for regulation 202.184.

 

Item [63] Part 202 (table of contents)

Item [63] omits the entry for regulation 202.187 and substitutes an updated entry.

 

Item [64] Part 202 (table of contents)

Item [64] omits the entries for regulations 202.189, 202.190 and 202.192.

 

Item [65] Part 202 (table of contents)

Item [65] omits the entry for regulation 202.800, and substitutes an updated entry, with additional regulations.

 

Item [66] Regulations 202.180 to 202.182

Item [66] repeals the regulations, and substitutes the regulations containing the updated regulatory application provisions for:

*         application of Part 42, and

*         election that Part 42 is to apply to an aircraft.

 

Item [67] Regulation 202.184

Item [67] repeals the regulation as its effect is now spent.

 

Item [68] Regulation 202.187 (heading)

Item [68] repeals the heading and substitutes:

202.187 Defects recorded in maintenance releases (regulation 42.355)

 

Item [69] Regulation 202.187(1)

Item [69] repeals the regulation as the matter it was dealing with is to be covered by subregulation 202.187(2).

 

Item [70] 202.187 (2)

Item [70] repeals the subregulation and substitutes:

 

(2) For regulation 42.355, if a maintenance release that is in force for an aircraft immediately before Part 42 begins to apply to the aircraft is endorsed with information about a defect in the aircraft, the defect is taken to be recorded in the continuing airworthiness records system for the aircraft.

 

Item [71] Regulations 202.189, 202.190 and 202.192

Item [71] repeals the regulations as their effect is now spent.

 

Item [72] Subregulations 202.344(5), 202.345A(5), 202.345B(5) and 202.345C(5)

Item [72] in response to Acts Interpretation Amendment Act 2011, repeals the subregulations, and substitutes:

(5) This regulation, and the entry for this regulation in the Part 202 table of contents, cease to have effect at the end of 26 June 2015.

(6) This regulation, and the entry for this regulation in the Part 202 table of contents, expire at the end of 26 June 2015 as if they had been repealed by another regulation.

 

Item [73] Subregulation 202.440(1)

Item [73] to reflect current legislative registration practice, omits "notified in the Gazette", and substitutes "registered".

 

Item [74] Regulation 202.440 (note)

Item [74] repeals the note.

 

Item [75] Before regulation 202.800

Item [75] inserts a new division heading:

 

Division 202.GE.1--Amendments made by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1).

 

Item [76] At the end of Subpart 202.GE

Item [76] gives legislative effect to permitting voluntary application of Parts 42 and 145 to aircraft covered by CAR 1988, by adding the following headings and regulations:

 

Division 202.GE.2--Amendments made by the Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013

 

Subdivision 202.GE.2.1--Part 145 organisations undertaking CAR maintenance activities - general

 

In addition, Item [76] would add regulations covering:

 

GE.2--Part 145 references to maintenance services taken to include references to CAR maintenance activities (202.801)

 

Part 145 definition of approval rating (202.802)

 

GE.2--Part 145 definition of significant change (202.802)

 

Part 145 Manual of Standards--additional matters for CAR maintenance activities (202.804)

 

Subdivision 202.GE.2.2--Part 145 organisations undertaking CAR maintenance activities: approval of organisations

 

Applying for approval (202.805)

 

Issuing approval (202.806)

 

Approval certificate (202.807)

 

Privileges for Part 145 organisations (202.808)

 

Approval subject to conditions (202.809)

 

Subdivision 202.GE.2.3--Part 145 organisations undertaking CAR maintenance activities - offence

 

Undertaking CAR maintenance activities (202.810)

 

Item [77] Subclause 18(2) of Part 2 of the Dictionary (notes)

Item [77] repeals the notes and substitute notes with corrected style and consistentency:

Note 1: For paragraph (a), Part 21 permits the manufacture of aeronautical products in a number of ways, including under APMAs, ATSO authorisations, type certificates and production certificates.

Note 2: For paragraph (c):

(a) a certificate of release to service for an aeronautical product in relation to maintenance carried out on an aeronautical product that is not in-house maintenance must be in the approved form: see subregulation 42.810(1); and

(b) a certificate of release to service for an aeronautical product in relation to in-house maintenance carried out on an aeronautical product must either be in the approved form or be in the form of an in-house release document: see subregulation 42.810(2).

 

Item [78] Clause 1 of Part 3 of the Dictionary

Item [78] inserts:

CAR maintenance activities means the following activities conducted under Part 4A of CAR:

(a) carrying out maintenance on a registered aircraft to which Part 42 does not apply, or on an aircraft component or aircraft material for an aircraft of that kind;

(b) certifying the completion of maintenance carried out on an aircraft or aircraft component;

(c) issuing a maintenance release for an aircraft;

(d) endorsing a maintenance release for an aircraft;

(e) issuing an authorised release certificate for an aircraft component.

CAR maintenance activities subcontractor, for an approved maintenance organisation: see clause 21.

 

Item [79] Clause 1 of Part 3 of the Dictionary (definition of employee)

Item [79] omits "includes a maintenance services subcontractor", and substitutes: includes: (a) a maintenance services subcontractor; and (b) a CAR maintenance activities subcontractor.

 

Item [80] Subclause 20(2) of Part 3 of the Dictionary

Item [80] omits "subregulation", and substitutes "subclause".

 

Item [81] Subclause 20 of Part 3 of the Dictionary  

Item [81] inserts:

21 Meaning of CAR maintenance activities subcontractor

(1) A person is a CAR maintenance activities subcontractor in relation to an approved maintenance organisation if the person is a party to a written contract with the organisation to undertake CAR maintenance activities on behalf of the organisation.

(2) An employee of a CAR maintenance activities subcontractor under subclause (1) is also a CAR maintenance activities subcontractor.