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 (Miscellaneous) 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 amends the Civil Aviation Safety Regulations 1998 (CASR) and the Civil Aviation Regulations 1988 (CAR).  In addition to various minor and machinery amendments, the following substantive amendments are made.

CASR Part 11 - Regulatory Administrative Procedures is amended in relation to the granting of an authorisation that is an experimental certificate and the transfer of an authorisation from one person to another.

The Amendment Regulation makes various changes to the maintenance suite of regulations (Parts 42 and 66 of CASR) that have been found to be necessary since the regulations took effect on 27 June 2011, such as the provision for CASA to grant an aircraft engineer licence to an applicant subject to the exclusion of an aircraft system, in order to specify the limits of the work to which the licence relates.  Also included are new provisions for permissions under subsection 20AB (2) of the Civil Aviation Act 1988 for an organisation in a foreign country to carry out maintenance on an Australian aircraft or an aeronautical product for an Australian aircraft.

The Amendment Regulation also amends CASR Part 99 - Drug and Alcohol Management Plans and Testing in relation to notices in respect of an initial drug or alcohol tests where the result of the test is not positive.

The Amendment Regulation also amends CASR Subpart 202.AD -- Transitional provisions for Part 11 (Regulatory administrative procedures), to include offence provisions for instruments of exemption that were issued under now repealed regulations but continue in force under the Subpart 202.AD transitional provisions.

Human rights implications

Presumption of Innocence

There are offence provisions in this legislative instrument which are strict liability offences and engage the right to the presumption of innocence under the International Covenant on Civil and Political Rights.  The offences relate to administrative and safety requirements that must be adhered to by regulated individuals, operators or organisations involved in the aviation industry to ensure the integrity of the aviation safety system.

The strict liability offences in the legislative instrument are considered justified, and therefore not inconsistent with the presumption of innocence, in that they are regulatory in nature, meaning there is an expectation on individuals who participate in the aviation sector to be deemed to have accepted certain conditions, particularly where the activities carry public safety risks.  The deterrence effect of the strict liability offences also contributes significantly to maintaining the integrity of the aviation safety system.  The strict liability offences are also proportionate in that they fall 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 also engaged, such as the right to work, equality and non-discrimination.  These rights are engaged by those provisions that stipulate the medical fitness requirements for persons carrying out air traffic control and flight service functions, and the drug and alcohol testing requirements of individuals who perform, or are available to perform safety-sensitive aviation activities within the aviation industry. These requirements are necessary in order to ensure individuals are medically fit and healthy and not under the influence of any testable drugs or alcohol when carrying out safety sensitive roles within Australia's aviation environment.

The differential treatment is considered necessary in order to ensure competent use of aircraft and systems within Australia's aviation environment and thereby protect the safety of passengers, aviation participants and the public, in relation to the conduct of aviation operations.

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.  
 

Anthony Albanese, Minister for Infrastructure and Transport.

 

 

      ATTACHMENT B

 

Details of the Civil Aviation Legislation Amendment (Miscellaneous) Regulation 2013

 

1 -- Name of regulation

Item 1 provides that the title of the regulation is the Civil Aviation Legislation Amendment (Miscellaneous) Regulation 2013.

 

2 -- Commencement

Item 2 provides that the regulation commences on the day after it is registered.

 

3 -- Authority

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

 

4 -- Schedule(s)

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

 

Schedule 1 -- Amendments

 

Part 1 - Main amendments

 

Civil Aviation Regulations 1988

 

Item [1] Subregulation 2 (1) (definition of these regulations)

Item [1] amends subregulation 2 (1) by replacing 'these regulations' with 'these Regulations'.

 

Item [2] Paragraph 2 (4) (c)

Item [2] amends paragraph 2 (4) (c) by omitting 'of these regulations'.

 

Item [3] Subregulation 2 (13)

Item [3] repeals subregulation 2 (13).

 

Item [4] Subregulation 5 (1)

Item [4] renumbers and rewords subregulation 5 (1) to improve clarity. It also provides for CASA to issue an instruction in Civil Aviation Orders or otherwise in writing.

 

Item [5] Regulation 181U

Item [5] amends regulation 181U to reference the Reduced Vertical Separation Minima (RVSM) Minimum Monitoring Requirements issued by the Australian Airspace Monitoring Authority for monitoring height-keeping in RVSM operations.

 

Item [5] also inserts a note after regulation 181U to provide that the RVSM Minimum Monitoring Requirements are available from the website of Airservices Australia.

 

Item [6] Regulation 297A

Item [6] amends regulation 297A to clarify that the matters for which an application may be made to the Administrative Appeals Tribunal are the decisions made by CASA that are listed in the regulation. It also reformats the list of matters specified in regulation 297A into a table.

 

Item [6] also omits a decision made under regulation 55A (2) not to approve a change to a flight manual because regulation 55A was repealed by the Civil Aviation and Civil Aviation

Safety Amendment Regulations 2011 (No. 1).

 

Item [6] also omits a decision made under regulation 268 (1) to suspend a flight crew rating, an aircraft endorsement, an airworthiness authority or an aircraft welding authority because regulation 268 was repealed by the Civil Aviation Amendment Act 2003.

 

Item [6] also omits a decision made under regulation 99.415 of CASR to vary, suspend or cancel a civil aviation authorisation because review of a decision made under regulation 99.415 of CASR is covered by section 31 of the Act.

 

Item [6] also inserts the two notes after regulation 297A:

 

Regulation 297A, Note 1

This note provides reference to Section 27A of the Administrative Appeals Tribunal Act 1975 for notices relating to the making of the decision and the person's right to have the decision reviewed.

 

Regulation 297A, Note 2

This note provides clarification of the purpose of regulation 297A with regards to a decision that was made by a delegate of CASA.

 

Item [7] After subregulation 301 (1)

Item [7] inserts subregulation 301 (1A) to specify that a reference to a document that is required to be kept under these Regulations includes a document that is required to be kept under a Civil Aviation Order; or a Manual of Standards; or another document that is required to be kept under these Regulations.

 

Civil Aviation Safety Regulations 1998

 

Item [8] Subregulation 1.003 (1)

Item [8] amends subregulation 1.003 (1) by replacing 'regulations' with 'Regulations'.

 

Item [9] Regulation 11.015 (paragraph (b) of the definition of authorisation)

Item [9] amends the definition of authorisation in paragraph (b) of regulation 11.015 to, in effect, include an approval of a material, part, process or appliance under Subpart 21.K except for a material, part, process or appliance to which regulation 21.305A applies.

 

Item [10] Regulation 11.025 (heading)

Item [10] amends the heading of regulation 11.025 to specify the application of Part 11.

 

Item [11] Subregulation 11.055 (1A)

Item [11] is consequential to item [12]. It includes new subregulation 11.055 (1C), which is inserted by item [12], in the conditions for CASA to grant an authorisation.

 

Item [12] After subregulation 11.055 (1B)

Item [12] inserts new subregulation 11.055 (1C) to provide the conditions for CASA to grant an authorisation that is an experimental certificate.

 

Item [13] Subregulation 11.055 (4)

Item [13] rewords subregulation 11.055 (4) to clarify the application of the provision.

 

Item [14] Paragraph 11.056 (1) (a)

Item [14] is consequential to item [12]. It rewords paragraph 11.056 (1) (a) and inserts new paragraphs 11.056 (1) (ab) and 11.056 (1) (ac) to clarify the safety grounds upon which CASA may impose conditions on an authorisation. New paragraph 11.056 (1) (ac) specifically provides for an authorisation that is an experimental certificate.

 

Item [15] Subregulation 11.060 (3)

Item [15] amends subregulation 11.060 (3) to clarify the requirement for the date on which the authorisation comes into effect.

 

Item [16] Subregulations 11.067 (1) and (2)

Item [16] is consequential to item [12]. It rewords subregulations 11.067 (1) and (2) and inserts new subregulation 11.067 (1A) to clarify the safety grounds upon which CASA may impose conditions or variations of conditions on an authorisation. New paragraph 11.067 (1A) (c) specifically provides for an authorisation that is an experimental certificate.

 

Item [17] Subregulations 11.067 (4) and (5)

Item [17] is consequential to item [12]. It amends subregulations 11.067 (4) and 11.067 (5) with the effect of requiring CASA to consider a submission from an authorisation holder made under subregulation 11.067 (3) when determining whether it is necessary to impose or vary the condition for an authorisation.

 

Item [18] After regulation 11.077

Item [18] inserts new regulation 11.080 - Authorisations not transferable, which consolidates several other regulations dealing with transfer of authorisations and specifies that an authorisation is not transferable, unless a provision in the CASR provides otherwise. The new regulation also contains a note that identifies the CASR provisions that contain authorisations that are transferable.

 

Item [19] Subregulation 11.260 (4)

Item [19] amends subregulation 11.260 (4) to make delegates of all powers and functions delegated under regulation 11.260 subject to any written direction of the Director in the exercise of the power, or the performance of the function.

 

Item [20] Subpart 21.B (heading)

Item [20] amends the note after the heading of Subpart 21.B to specify the full name of the Air Navigation (Aircraft Noise) Regulations 1984.

 

Item [21] Regulation 21.016 (source reference, second occurring)

Item [21] repeals a duplicate source reference from regulation 21.016.

 

Item [22] Subpart 21.C (heading)

Item [22] amends the note after the heading of Subpart 21.C to specify the full name of the Air Navigation (Aircraft Noise) Regulations 1984.

 

 

 

 

Item [23] Regulation 21.079

Item [22] is consequential to item [18]. It repeals regulation 21.079, which provides that provisional type certificates are not transferable, as this provision is now covered in the new regulation 11.080 inserted by item [18].

 

Item [24] Subpart 21.E (heading)

Item [24] amends the note after the heading of Subpart 21.E to specify the full name of the Air Navigation (Aircraft Noise) Regulations 1984.

 

Item [25] Regulation 21.130A (source reference, second occurring)

Item [25] omits a duplicate source reference from regulation 21.130A.

 

Item [26] Regulation 21.155

Item [26] is consequential to item [18]. It repeals regulation 21.155, which provides that a production certificate is not transferable, as this provision is now covered in the new regulation 11.080 inserted by item [18].

 

Item [27] Regulation 21.166 (source reference, second occurring)

Item [27] repeals a duplicate source reference from regulation 21.166.

 

Item [28] Subpart 21.H (heading)

Item [28] amends the note after the heading of Subpart 21.H to specify the full name of the Air Navigation (Aircraft Noise) Regulations 1984.

 

Item [29] Paragraph 21.193 (c)

Item [29] rewords paragraph 21.193 (c) to clarify that operational limitations are conditions.

 

Item [30] Subpart 21.I (heading)

Item [30] amends the note after the heading of Subpart 21.I to specify the full name of the Air Navigation (Aircraft Noise) Regulations 1984.

 

Item [31] Regulation 21.219

Item [31] is consequential to item [18]. It repeals subregulation 21.219 (1), which provides that Class I provisional certificates of airworthiness are not transferable, as this provision is now covered in the new regulation 11.080 inserted by item [18]. It also re-numbers subregulation 21.219 (2) accordingly.

 

Item [32] Regulation 21.247

Item [32] is consequential to Item [18]. It repeals regulation 21.247, which provides that a delegation option authorisation is not transferable, as this provision is now covered in the new regulation 11.080 inserted by Item [18].

 

Item [33] Regulation 21.261 (source reference, second occurring)

Item [33] repeals a duplicate source reference from regulation 21.261.

 

Item [34] Subregulation 21.303 (12)

Item [34] is consequential to item [18]. It amends subregulation 21.303 (12) to remove reference to an Australian Parts Manufacturing Approval as not being transferable, as this is now covered in the new regulation 11.080 inserted by item [18].

 

 

Item [35] Paragraph 21.327 (4) (a)

Item [34] amends paragraph 21.327 (4) (a) to omit the words "and being exported to a country with which Australia has a reciprocal agreement concerning the validation of export certificates" which were originally and incorrectly copied from the source United States Federal Aviation Administration (FAA) - Federal Aviation Regulation (FAR). CASA has never had such a reciprocal arrangement and does not intend to enter into such an arrangement. The amendment omits mention of the irrelevant arrangement.

 

Item [36] Regulation 21.621 (heading)

Item [36] is consequential to item [18]. It omits mention of "transferability" from the heading of regulation 21.621 as the transferability provision is now covered in the new regulation 11.080 inserted by item [18].

 

Item [37] Subregulation 21.621 (1)

Item [37] is consequential to item [18]. It amends subregulation 21.621 (1) to remove reference to an Australian Technical Standards Order (ATSO) authorisation or letter of ATSO design approval as not being transferable, as this is now covered in the new regulation 11.080 inserted by item [18].

 

Item [38] After paragraph 42.020 (2) (i)

Item [38] is consequential to item [44] and item [45]. It permits the Part 42 Manual of Standards to specify the countries that can carry out maintenance on an Australian aircraft under new regulations 42.301 and 42.306, which are inserted by item [44] and item [45] .

 

Item [39] Paragraph 42.030 (2) (b)

Item [39] amends paragraph 42.030 (2) (b) to clarify the requirement for the registered operator of an aircraft to ensure that a certificate or release to service has been issued for maintenance on the aircraft if maintenance has been carried out on the aircraft since it was last operated for a flight.

 

Item [40] Subregulation 42.080 (1)

Item [40] is consequential to item [44]. It amends subregulation 42.080 (1) with the effect of including in the list of people who an operator may permit to carry out maintenance on an aircraft, organisations in a foreign country permitted under regulation 42.301, which was inserted by item [44].

 

Item [41] Subregulation 42.080 (3)

Item [41] is consequential to item [45]. It amends subregulation 42.080 (3) with the effect of including in the list of people who an operator may permit to carry out maintenance on an aeronautical product for an aircraft, organisations in a foreign country permitted under regulation 42.306, which was inserted by item [45].

 

Item [42] Paragraph 42.220 (1) (a)

Item [42] amends paragraph 42.220 (1) (a) to omit the requirement for the person responsible for continuing airworthiness to include the serial number of the aircraft in the aircraft identification details of the flight technical log for the aircraft.

 

Item [43] Paragraph 42.280 (1) (b)

Item [43] inserts paragraph 42.280 (1) (c) to provide for CASA to require the person who made a major defect report to give to CASA any document, aeronautical product or other thing in the possession, or under the control, of the person that relates to the defect.

 

An offence against this paragraph is an offence of strict liability as required in the interests of aviation safety. Subregulation 42.280 (2) prescribes a maximum penalty of 50 penalty units.

 

Item [44] After regulation 42.300

Item [44] inserts new regulation 42.301 - Who is permitted to carry out maintenance--organisations under an NAA arrangement, which provides a permission for subsection 20AB (2) of the Act for an organisation in a foreign country to carry out maintenance on an Australian aircraft to which Part 42 applies if the organisation is approved to carry out the maintenance by the National Aviation Authority (NAA) of a foreign country, the country is specified for this regulation in the Part 42 Manual of Standards and there is an arrangement between CASA and the NAA that permits the organisation to carry out the maintenance.

 

The new regulation also provides that the permission is subject to the condition that the maintenance must be carried out and certified in accordance with the NAA arrangement.

 

Item [45] After regulation 42.305

Item [45] inserts new regulation 42.306 - Who is permitted to carry out maintenance on aeronautical products--foreign organisations approved by an NAA, which provides a permission for subsection 20AB (2) of the Act for an organisation in a foreign country to carry out maintenance on an aeronautical product for an Australian aircraft to which Part 42 applies if the organisation is approved to carry out the maintenance by the NAA of a foreign country and the country is specified for this regulation in the Part 42 Manual of Standards.

 

The new regulation also provides that the permission is subject to the condition that the maintenance must be carried out and certified, either in accordance with an NAA arrangement if there is one in place between CASA and the relevant NAA, or in accordance with the law of the foreign country that granted the approval.

 

Item [46] Subparagraph 42.420 (5) (a) (i)

Item [46] amends subparagraph 42.420 (5) (a) (i) to provide, in effect, for a certificate of release to service for a newly manufactured part to be issued by a person other than the manufacturer of the part.

 

Item [47] Paragraph 42.430 (2) (a)

Item [47] is consequential to item [44]. It includes in the permission for fitting parts removed from aircraft, a person who is permitted to carry out maintenance under new regulation 42.301.

 

Item [48] Paragraph 42.760 (1) (b)

Item [48] amends paragraph 42.760 (1) (b) to omit the requirement for the aircraft serial number to be included in the certificate of release to service for the aircraft.

 

Item [49] Paragraph 42.815 (b)

Item [49] amends paragraph 42.815 (b) to omit the requirement for the time of issue to be recorded on a certificate of release to service in relation to maintenance carried out on an aeronautical product.

 

Item [50] Subparagraph 65.035 (1) (c) (ii)

Item [50] is consequential to item [51]. It adds the necessary conjunction 'and' for new paragraph 65.035 (1) (d), which is inserted by item [51].

 

Item [51] After paragraph 65.035 (1) (c)

Item [51] inserts new paragraph 65.035 (1) (d), which includes holding a Class 3 medical certificate as a condition for a person to carry out an air traffic control function in Australian territory.

 

Item [52] Before subparagraph 65.035 (3) (b) (i)

Item [52] inserts new subparagraph 65.035 (3) (b) (ia), which includes holding a Class 3 medical certificate as a condition for a person to carry out an air traffic control (ATC) function in Australian territory under the supervision of the holder of an ATC licence.

 

Item [53] After subparagraph 65.035 (3) (c) (i)

Item [53] inserts new subparagraph 65.035 (3) (c) (ia), which includes holding a Class 3 medical certificate as a condition for a person to carry out an ATC function in Australian territory under the supervision of the holder of an ATC licence.

 

Item [54] After subparagraph 65.035 (3) (d) (i)

Item [54] inserts new subparagraph 65.035 (3) (d) (ia), which includes holding a Class 3 medical certificate as a condition for a person to carry out an ATC function in Australian territory under the supervision of the holder of an ATC licence.

 

Item [55] Subparagraph 65.050 (1) (c) (ii)

Item [55] is consequential to item [56]. It adds the necessary conjunction 'and' for new paragraph 65.050 (1) (d), which is inserted by item [56].

 

Item [56] After paragraph 65.050 (1) (c)

Item [56] inserts new paragraph 65.050 (1) (d), which includes holding a Class 3 medical certificate as a condition for a person to carry out a flight service function in Australian territory.

 

Item [57] Before subparagraph 65.050 (3) (b) (i)

Item [57] inserts new subparagraph 65.050 (3) (b) (ia), which includes holding a Class 3 medical certificate as a condition for a person to carry out a flight service function in Australian territory under the supervision of the holder of a flight service licence.

 

Item [58] After subparagraph 65.050 (3) (c) (i)

Item [58] inserts new subparagraph 65.050 (3) (c) (ia), which includes holding a Class 3 medical certificate as a condition for a person to carry out a flight service function in Australian territory under the supervision of the holder of a flight service licence.

 

Item [59] After subparagraph 65.050 (3) (d) (i)

Item [59] inserts new subparagraph 65.050 (3) (d) (ia), which includes holding a Class 3 medical certificate as a condition for a person to carry out a flight service function in Australian territory under the supervision of the holder of a flight service licence.

 

Item [60] Subregulations 65.115 (4) and 65.165 (3)

Item [60] is consequential to item [61]. It omits subregulations 65.115 (4) and 65.165 (3), which are replaced by new regulation 65.285, which is inserted by item [61].

 

Item [61] After regulation 65.280

Item [61] inserts new regulation 65.285 -- Effect of suspension or provisional suspension of authorisation, which provides for the effect of a suspension of an ATC or flight service licence, rating or endorsement.

 

Item [62] Regulation 66.005 (note)

Item [62] amends the regulation references in the regulation 66.005 note, relating to a person performing maintenance certification or issuing a certificate of release to service on behalf of an approved maintenance organisation.

 

Item [63] Subregulation 66.010 (1)

Item [63] is consequential to item [65]. It renumbers regulation 66.010.

 

Item [64] Subregulation 66.010 (1) (definition of excluded system)

Item [64] repeals the definition for Part 66 of excluded system for a rating for an aircraft engineer licence because the definition is no longer required. The meaning of the term is apparent in the relevant provisions.

 

Item [65] Subregulation 66.010 (2)

Item [65] is consequential to item [64]. It repeals subregulation 66.010 (2), which contained the definition of excluded system for a rating for an aircraft engineer licence for Part 66.

 

Item [66] Paragraph 66.015 (2) (q)

Item [66] is consequential to item [69] and item [70]. It inserts paragraphs 66.015 (2) (r), 66.015 (2) (s) and 66.015 (2) (t) to include in the list of matters that may be specified in the Part 66 Manual of Standards matters relating to excluded aircraft systems or subsets of aircraft systems for an aircraft engineer licence or a rating.

 

Item [67] After paragraph 66.020 (2) (b)

Item [67] is consequential to item [65]. It inserts paragraph 66.020 (2) (ba) to include in the requirements for an application for an aircraft engineer licence a requirement to specify whether the application is for a licence that would be subject to the exclusion of an aircraft system or a subset of an aircraft system.

 

Item [68] Paragraph 66.020 (2) (d)

Item [68] amends paragraph 66.020 (2) (d) to include in the requirements for an application for an aircraft engineer licence that the applicant provide copies of any relevant foreign licence or Defence Force aircraft authorisation that the applicant holds evidencing the qualifications and experience relevant to the licence being applied.

 

Item [69] After regulation 66.025

Item [69] inserts new regulation 66.026 -- Grant of licence subject to exclusion, to set out the conditions in which CASA must issue an aircraft engineer licence to an applicant subject to the exclusion of an aircraft system or a subset of an aircraft system.

 

Item [70] After regulation 66.070

Item [70] is consequential to item [69]. It inserts the following regulations:

New regulation 66.071 -- Endorsement on licence of licence exclusion

This regulation requires that if CASA grants an aircraft engineer licence subject to an exclusion of an aircraft system or subset of an aircraft system then CASA must endorse the exclusion on the licence.

 

 

 

New regulation 66.072 -- Removal of exclusion from licence

This regulation provides for CASA to remove an exclusion of an aircraft system or subset of an aircraft system from an aircraft engineer licence if the conditions specified in the regulation are met.

 

Item [71] Paragraph 66.075 (3) (b)

Item [71] is consequential to item [73]. It inserts the following paragraphs:

 

New paragraph 66.075 (3) (ba)

This paragraph includes in the requirements for an application for a rating for an aircraft engineer licence a requirement to specify whether the application is for a rating that is subject to the exclusion of an aircraft system or a subset of an aircraft system.

 

New paragraph 66.075 (3) (bb)

This paragraph includes in the requirements for an application for a rating for an aircraft engineer licence a requirement to specify whether the application is for a rating in relation to a licence that is partially equivalent to a foreign licence or a Defence Force aircraft authorisation.

 

Item [72] After subregulation 66.080 (1)

Item [72] is consequential to item [73]. It inserts subregulation 66.080 (1A) to require that CASA not grant a rating for an aircraft engineer licence unless it is subject to the same exclusion as the applicant's licence.

 

Item [73] Regulations 66.095 and 66.100

Item [73] amends regulation 66.095 to set out the conditions in which CASA must issue a rating for an aircraft engineer licence subject to the exclusion of an aircraft system or a subset of an aircraft system generally.

 

Item [73] also amends regulation 66.100 to provide for CASA to decide the training, assessment and experience that is required for the removal of an exclusion on a rating imposed under regulation 66.095.

 

Item [74] Regulation 66.110

Item [74] is consequential to item [66], item [69] and item [73]. It amends regulation 66.110 to provide that the holder of a rating that is subject to an exclusion of an aircraft system or a subset of an aircraft system may apply to CASA for removal of the exclusion. It also provides for the training, assessment and practical experience criteria set out in the Part 66 MOS and regulation 66.100 as amended by item [73] to be considered for removing the exclusion. It also includes provision for a licence that is not subject to an exclusion.

 

Item [75] Subregulations 66.120 (3) and (4)

Item [75] amends the following subregulations:

 

Subregulation 66.120 (3)

This subregulation is amended to clarify the meaning of the term exercises the privileges that is used in subregulation 66.120 (2).

 

Subregulation 66.120 (4)

This subregulation is amended to clarify the experience requirement of subregulation

66.120 (2).

 

The provisions currently contained in subregulations 66.120 (3) for issue of a certificate of release to service on behalf of an approved maintenance organisation and 66.120 (4) for issue of a certificate of release to service other than on behalf of an approved maintenance organisation are transferred to the new regulations inserted by item [77] to improve clarity.

 

Item [76] After subparagraph 66.130 (1) (a) (ii)

Item [76] is consequential to item [69]. It inserts subparagraph 66.130 (1) (a) (iii) to include the condition that a category A license holder may perform maintenance certification if, in addition to meeting the requirements of 66.130 (1) (a) (i) and (ii), the maintenance is not carried out on an aircraft system or a subset of an aircraft system that is excluded from their licence.

 

Item [77] Regulation 66.135

Item [77] is consequential to item [69], item [73] and item [75].

 

Item [77] amends regulation 66.135 to include in the conditions for a category B1 or B2 licence holder to perform maintenance certification on behalf of a Part 145 organisation, provisions for maintenance carried out on an aircraft system, or a subset of an aircraft system, that is excluded from the aircraft engineer licence under new regulation 66.026, which is inserted by item [69], or rating under regulation 66.095 as amended by item [73]. The regulation is also amended to include only maintenance certification on behalf of a Part 145 organisation for maintenance that was carried out on a type rated aircraft.

 

Item [77] also transfers the provisions currently contained in subregulations 66.135 (2) and 66.135 (3) to the following new regulations to improve clarity:

 

Regulation 66.136 -- Category B1 and B2 licences--maintenance certification for Subpart 42.F organisation.

This regulation provides for a category B1 or B2 licence holder to perform maintenance certification on behalf of a Subpart 42.F organisation for maintenance that was carried out on a particular type rated aircraft type if the holder's licence is endorsed with a rating for the aircraft type and the holder has a certification authorisation from the organisation in relation to the aircraft type.  

 

Regulation 66.137 -- Category B1 and B2 licences--maintenance certification other than on behalf of approved maintenance organisation

This regulation provides for a category B1 or B2 licence holder to perform maintenance certification other than on behalf of an approved maintenance organisation for maintenance that was carried out on a particular type rated aircraft type if the holder's licence is endorsed with a rating for the aircraft type and the maintenance is not carried out on an aircraft system or a subset of an aircraft system that is excluded.

 

Item [77] also transfers the provisions currently contained in subregulations 66.120 (3) and 66.120 (4), which are omitted by item [75], to the following new regulations to improve clarity:

 

Regulation 66.138 -- Category B1 and B2 licences--certificate of release to service issued on behalf of Part 145 organisation

This regulation provides for a category B1 or B2 licence holder to issue a certificate of release to service on behalf of a Part 145 organisation for an aircraft of a particular type rated aircraft in relation to maintenance that was carried out on the aircraft if the holder's licence is endorsed with a rating for the aircraft type or the holder has a relevant certification authorisation from the organisation in relation to the aircraft type, and the holder has a relevant certification authorisation from the organisation to issue a certificate of release to service for an aircraft of that aircraft type.

 

Regulation 66.139 -- Category B1 and B2 licences--certificate of release to service issued for Subpart 42.F organisations

This regulation provides for a category B1 or B2 licence holder to issue a certificate of release to service on behalf of a Subpart 42.F organisation for an aircraft of a particular type rated aircraft type in relation to maintenance carried out on the aircraft if the holder's licence is endorsed with a rating for the aircraft type and the holder has a certification authorisation from the organisation in relation to the aircraft type. 

 

Regulation 66.139A -- Category B1 and B2 licences--certificate of release to service issued other than on behalf of approved maintenance organisation

This regulation provides for a category B1 or B2 licence holder to issue a certificate of release to service, other than on behalf of an approved maintenance organisation, for an aircraft of a particular type rated aircraft type in relation to maintenance carried out on the aircraft if the holder's licence is endorsed with a rating for the aircraft type.

 

Item [78] Subregulation 66.140 (2)

Item [78] amends subregulation 66.140 (2) to include a certification authorisation from a Part 145 organisation as a requirement for a category C licence holder to issue a certificate of release for an aircraft on behalf of the organisation.

 

Item [79] Subregulation 66.145 (3)

Item [79] repeals subregulation 66.145 (3), which provides that it is an offence for a licensed aircraft maintenance engineer to issue a certificate of release to service for a type rated aircraft if his or her licence is not endorsed with the rating for the aircraft type.

 

This offence is transferred to the new regulations inserted by item [82] to improve clarity.

 

Item [80] Subregulation 66.145 (4)

Item [80] rewords subregulation 66.145 (4) to simplify and improve clarity. An offence against regulation 66.145 is an offence of strict liability as required in the interests of aviation safety. The regulation prescribes a maximum penalty of 50 penalty units.

 

Item [81] Subparagraph 66.155 (2) (b) (iii)

Item [81] is consequential to item [69]. It adds subparagraph 66.155 (2) (b) (iv) to include maintenance on an aircraft system or a subset of an aircraft system that is excluded from the aircraft engineer's licence, as a maintenance certification offence that applies to category A licence holders.

 

An offence against subregulation 66.155 (2) is an offence of strict liability as required in the interests of aviation safety. The subregulation prescribes a maximum penalty of 50 penalty units.

 

Item [82] Regulation 66.165

Item [82] is consequential to item [69], item [73] and item [79].

 

Item [82] amends regulation 66.165 to include in the offences for maintenance certification by a category B1 or B2 licence holder on behalf of a Part 145 organisation, provisions for maintenance carried out on an aircraft system, or a subset of an aircraft system, that is excluded from the aircraft engineer licence under new regulation 66.026, which is inserted by item [69], or rating under regulation 66.095 as amended by item [73]. The regulation is also amended to include only maintenance certification on behalf of a Part 145 organisation for maintenance that was carried out on a type rated aircraft.

 

An offence against regulation 66.165 is an offence of strict liability as required in the interests of aviation safety. The regulation prescribes a maximum penalty of 50 penalty units.

 

Item [82] also transfers the provisions currently contained in subregulations 66.165 (3) and 66.165 (4) to the following new regulations to improve clarity:

 

Regulation 66.166 -- Offence--maintenance certification on behalf of Subpart 42.F organisations.

This regulation provides that it is an offence for a category B1 or B2 licence holder to perform maintenance certification on behalf of a Subpart 42.F organisation for maintenance that was carried out on a type rated aircraft if the holder's licence is not endorsed with the rating for the aircraft type or the holder does not have a certification authorisation from the organisation in relation to the aircraft type.

 

An offence against regulation 66.166 is an offence of strict liability as required in the interests of aviation safety. The regulation prescribes a maximum penalty of 50 penalty units.

 

Regulation 66.167 -- Offence--maintenance certification other than on behalf of approved maintenance organisations

This regulation provides that it is an offence for a category B1 or B2 licence holder to perform maintenance certification other than on behalf of an approved maintenance organisation for maintenance that was carried out on a type rated aircraft if the holder's licence is not endorsed with the rating for the aircraft type or the maintenance is carried out on an aircraft system or a subset of an aircraft system that is excluded from the licence or rating.

 

An offence against regulation 66.167 is an offence of strict liability as required in the interests of aviation safety. The regulation prescribes a maximum penalty of 50 penalty units.

 

Item [82] also transfers the provisions currently contained in subregulation 66.145 (3), which is omitted by item [79], to the following new regulations to improve clarity:

Regulation 66.168 -- Offence--certificate of release to service issued on behalf of Part 145 organisations

This regulation provides that it is an offence for a category B1 or B2 licence holder to issue a certificate of release to service on behalf of a Part 145 organisation for a type rated aircraft in relation to maintenance that was carried out on the aircraft if the holder's licence is not endorsed with the rating for the aircraft type or the holder does not have a certification authorisation from the organisation in relation to the aircraft type.

 

An offence against regulation 66.168 is an offence of strict liability as required in the interests of aviation safety. The regulation prescribes a maximum penalty of 50 penalty units.

 

Regulation 66.168A -- Offence--certificate of release to service issued on behalf of Subpart 42.F organisation

This regulation provides that it is an offence for a category B1 or B2 licence holder to issue a certificate of release to service on behalf of a Subpart 42.F organisation for a type rated aircraft in relation to maintenance carried out on the aircraft if the holder's licence is not endorsed with the rating for the aircraft type or the holder does not have a certification authorisation from the organisation in relation to the aircraft type.

 

An offence against regulation 66.168A is an offence of strict liability as required in the interests of aviation safety. The regulation prescribes a maximum penalty of 50 penalty units.

 

Regulation 66.169 -- Offence--certificate of release to service issued other than on behalf of approved maintenance organisation

This regulation provides that it is an offence for a category B1 or B2 licence holder to issue a certificate of release to service, other than on behalf of an approved maintenance organisation, for a type rated aircraft in relation to maintenance carried out on the aircraft if the holder's licence is not endorsed with the rating for the aircraft type.

 

An offence against regulation 66.169 is an offence of strict liability as required in the interests of aviation safety. The regulation prescribes a maximum penalty of 50 penalty units.

 

Item [83] Paragraphs 92.070 (4) (d) and (e)

Item [83] omits paragraph 92.070 (4) (e), which provided reference to an exclusion under regulation 92.080 (as in force before 27 June 2011) or an exemption under Subpart 11.F from compliance with regulation 92.070, because regulation 92.080 has since been repealed and Subpart 11.F stands alone in providing for the exemption.  Therefore, the reference is considered unnecessary.

 

Item [84] Subregulations 92.095 (2), 92.100 (1) and 92.105 (1)

Item [84] omits from subregulations 92.095 (2), 92.100 (1) and 92.105 (1) the reference to an exclusion under regulation 92.155 (as in force before 27 June 2011) or an exemption under Subpart 11.F from compliance with regulations 92.095, 92.100 and 92.105, because regulation 92.155 has since been repealed and Subpart 11.F stands alone in providing for the exemption.  Therefore, the reference is considered unnecessary.

 

Item [85] Subregulation 92.115 (1)

Item [85] omits from subregulation 92.115 (1) the reference to an exclusion under regulation 92.155 (as in force before 27 June 2011) or an exemption under Subpart 11.F from compliance with regulation 92.115, because regulation 92.155 has since been repealed and Subpart 11.F stands alone in providing for the exemption.  Therefore, the reference is considered unnecessary.

 

Item [86] Subregulation 92.120 (1)

Item [86] omits from subregulation 92.120 (1) the reference to an exclusion

under regulation 92.155 (as in force before 27 June 2011) or an exemption under Subpart 11.F from compliance with regulation 92.120, because regulation 92.155 has since been repealed and Subpart 11.F stands alone in providing for the exemption.  Therefore, the reference is considered unnecessary.

 

Item [87] Subregulation 92.125 (1)

Item [87] omits from subregulation 92.125 (1) the reference to an exclusion under regulation 92.155 (as in force before 27 June 2011) or an exemption under Subpart 11.F from compliance with regulation 92.125, because regulation 92.155 has since been repealed and Subpart 11.F stands alone in providing for the exemption.  Therefore, the reference is considered unnecessary.

 

 

 

Item [88] Subregulation 92.130 (1)

Item [88] omits from subregulation 92.130 (1) the reference to an exclusion under regulation 92.155 (as in force before 27 June 2011) or an exemption under Subpart 11.F from compliance with regulation 92.130, because regulation 92.155 has since been repealed and Subpart 11.F stands alone in providing for the exemption.  Therefore, the reference is considered unnecessary.

 

Item [89] Subregulation 92.140 (5)

Item [89] omits from subregulation 92.140 (5) the reference to an exclusion

under regulation 92.155 (as in force before 27 June 2011) or an exemption under Subpart 11.F from compliance with regulation 92.140, because regulation 92.155 has since been repealed and Subpart 11.F stands alone in providing for the exemption.  Therefore, the reference is considered unnecessary.

 

Item [90] Subregulation 92.145 (1)

Item [90] omits from subregulation 92.145 (1) the references to an exclusion

under regulation 92.155 (as in force before 27 June 2011) or an exemption under Subpart 11.F from compliance with regulation 92.145, because regulation 92.155 has since been repealed and Subpart 11.F stands alone in providing for the exemption.  Therefore, the reference is considered unnecessary.

 

Item [91] Regulation 99.165

Item [91] amends regulation 99.165 to omit the requirements for the approved tester to give the donor and CASA notices in respect of an initial drug test if the result is not positive. The regulation also inserts a new requirement for the approved tester to tell the donor the approved tester's name and allocated number if requested by the donor.

 

Item [92] Paragraph 99.170 (5) (a)

Item [92] is consequential to item [95]. It omits the requirement for the approved tester to give the donor a notice that includes the information specified in subregulation 99.175 (2), which is omitted by item [95].

 

Item [93] Subregulation 99.175 (1)

Item [93] is consequential to item [91]. It omits mention of paragraph 99.165 (1) (b), which is omitted by item [91], for the contents of a notice to the donor in respect of an initial drug test.

 

Item [94] Paragraph 99.175 (1) (f)

Item [94] is consequential to item [91]. It transfers the paragraphs and note from subregulation 99.175 (2) into subregulation 99.175 (1) to consolidate the requirements for providing a notice to a donor in respect of an initial drug test if the result of the test is positive.

 

Item [95] Subregulations 99.175 (2) and 99.255 (2)

Item [95] is consequential to item [94]. It repeals subregulation 99.175 (2).

 

Item [95] also repeals subregulation 99.255 (2) which provides that the approved tester must give the donor a notice in respect of an initial alcohol test if the result is not positive.

 

Item [96] Subregulation 99.255 (5)

Item [96] is consequential to item [98]. It amends subregulation 99.255 (5) to refer to subregulation 99.265 (1) as amended by item [98].

 

 

Item [97] Paragraph 99.260 (2) (b)

Item [97] corrects a typographical error in paragraph 99.260 (2) (b).

 

Item [98] Regulation 99.265

Item [98] is consequential to item [95]. It amends regulation 99.265 to provide for the content of the notice of alcohol test that the approved tester must give the donor under regulation 99.255 as amended by item [95].

 

Item [99] Regulation 99.270

Item [99] omits the requirement for the approved tester to give CASA a notice that includes the information given to the donor in a notice of alcohol test.

 

Item [100] Subparagraph 99.385 (2) (c) (i)

Item [100] corrects the reference to a drug test in subparagraph 99.385 (2) (c) (i). The correct test is an alcohol test.

 

Item [101] Regulation 101.355, 139.080 and 143.035

Item [101] is consequential to item [18]. It repeals regulation 101.355, which provides that certification as a Unmanned Aerial Vehicle (UAV) operator is not transferable, as this provision is now covered in the new regulation 11.080 inserted by item [18].

 

Item [101] also repeals regulation 139.080, which provides that an aerodrome certificate is not transferable, as this provision is now covered in the new regulation 11.080 inserted by

item [18].

 

Item [101] also repeals regulation 143.035, which provides that an approval as an Air Traffic Service (ATS) training provider is not transferable, as this provision is now covered in the new regulation 11.080 inserted by item [18].

 

Item [102]  Subregulation 147.010 (1) (definition of aircraft type)

Item [102] omits subregulation 66.010 (1) and replaces with regulation 66.010.

 

Item [103]  Regulation 172.040

Item [103] repeals Regulation 172.040, which provides that an approval as an ATS provider is not transferable, as this provision is now covered in the new regulation 11.080 inserted by item [18].

 

Item [104] Paragraph 173.030 (b)

Item [104] omits reference to regulation 173.230, which was repealed by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2011 (No. 2).

 

Item [105] Regulation 201.004 

Item [105] amends regulation 201.004 to clarify that the matters for which an application may be made to the Administrative Appeals Tribunal are the decisions of CASA that are listed in the regulation. It also reformats the list of matters specified in regulation 201.004 into a table.

 

Item [105] also omits a decision made under regulation 137.050 refusing to approve an application for an Air Operators Certificate (AOC) or a variation of an AOC because review of a decision made under regulation 137.050 is available under section 31 of the Act.

 

 

Item [105] also makes the following amendments to the regulation 201.004 notes:

 

Regulation 201.004, Note 1

This note is the regulation 201.004, Note, renumbered as Note 1 and reworded to improve clarity.

 

Regulation 201.004, Note 2

This note provides clarification of the purpose of regulation 201.004 with regards to a decision that was made by a delegate of CASA.

 

Item [106] Regulations 201.005 and 201.010

Item [106] repeals regulations 201.005 -- Notice of change of name or trading name, and 201.010 -- Notice of change of nationality, because the requirements of these regulations are covered by Part 11.

 

Item [107] After subregulation 202.011 (3)

Item [107] inserts the following new subregulations:

 

Subregulation 202.011 (4)

This subregulation provides that a person commits an offence if the person contravenes a condition specified in an instrument of exemption that was issued under regulation 308 of CAR and that continued in force under regulation 202.011. The subregulation prescribes a maximum penalty of 50 penalty units.

 

Subregulation 202.011 (5)

This subregulation provides that an offence against regulation 202.011 is an offence of strict liability, as required in the interests of aviation safety.

 

Item [108] After subregulation 202.011E (2)

Item [108] inserts the following new subregulations:

 

Subregulation 202.011E (3)

This subregulation provides that a person commits an offence if the person contravenes a condition specified in an instrument of exemption that was issued under regulation 101.040 and that continued in force under regulation 202.011E. The subregulation prescribes a maximum penalty of 50 penalty units.

 

Subregulation 202.011E (4)

This subregulation provides that an offence against regulation 202.011E is an offence of strict liability, as required in the interests of aviation safety.

 

Item [109] After subregulation 202.011F (2)

Item [109] inserts subregulation 202.011F (3), which provides that a person commits an offence if the person contravenes a condition specified in an instrument of exemption that was issued under regulation 139.020 and that continued in force under regulation 202.011F. The subregulation prescribes a maximum penalty of 10 penalty units.

 

Item [110] Regulation 202.188

Item [111] rewords regulation 202.188 to provide a reference to an authorised release certificate as taken to include an authorised release certificate, within the meaning given by subclause 18(1) of Part 2 of the Dictionary, that is issued before 27 June 2013.

 

Item [111] Subregulation 202.191 (2) 

Item [111] amends subregulation 202.191 (2) to remove certain conditions associated with a maintenance certification for maintenance carried out on an aircraft under Part 42 being taken to include a certification of completion of maintenance under regulation 42ZE or 42ZN of CAR.

 

Item [112] Subregulations 202.193 (2) and (3) 

Item [112] makes the following amendments to subregulations 202.193 (2) and 202.193 (3):

 

Subregulation 202.193 (2)

This subregulation is amended to remove certain conditions associated with maintenance carried out on an aeronautical product under Part 42 being taken to include maintenance carried out in accordance with the approved maintenance data for the component.

 

Subregulation 202.193 (3)

This subregulation is omitted, which removes the time limit of 26 June 2013 that applies to regulation 202.193.

 

Item [113] Subregulation 202.344 (2)

Item [113] amends subregulation 202.344 (2) to provide for CASA to determine, in relation to an application for an aircraft maintenance engineer licence made under regulation 31 of CAR on or after 27 June 2011, whether CASA would have entered an endorsement on the licence specifying limits of the work to which the licence related and whether CASA would have endorsed the licence with a rating.

 

Item [114] Subregulation 202.344 (2B)

Item [114] amends subregulation 202.344 (2B) to provide for CASA to make Civil Aviation Orders dealing with the matters mentioned in paragraph 31 (4) (b) of CAR.

 

Item [115] Subregulation 202.344 (3)

Item [115] is consequential to item [113]. It rewords subregulation 202.344 (3) and inserts new subregulations 202.344 (3A), 202.344 (3B) and 202.344 (3C) to provide for CASA to grant, in relation to an application for an aircraft maintenance engineer licence made under regulation 31 of CAR on or after 27 June 2011 and subject to a determination made under subregulation 202.344 (2) as amended by item [113], a licence with an endorsement specifying limits of the work to which the licence relates and a licence that is endorsed with a rating.

 

Item [116]  After regulation 202.345

Item [116] inserts the following regulations:

 

New regulation 202.345A -- Removal of exclusion from licence granted on basis of transitional provisions

This regulation is consequential to Item [115] and Item [113]. It provides for CASA to remove an exclusion from an aircraft engineer licence that was granted on the basis of subregulation 202.341 (2), 202.342 (3), 202.343 (3), 202.344 (3) or 202.345 (3), if the holder meets the requirements of the CAR provisions in relation to the excluded aircraft system or subset of an aircraft system.

 

 

 

New regulation 202.345B -- Removal of exclusion from rating on licence granted on basis of transitional provisions

This regulation is consequential to item [115] and Item [113]. It provides for CASA to remove an exclusion from a rating that was granted on the basis of subregulation 202.341 (2), 202.342 (3), 202.343 (3), 202.344 (3) or 202.345 (3), if the holder meets the requirements of the CAR provisions in relation to the rating and the excluded aircraft system or subset of an aircraft system.

New regulation 202.345C -- Application for rating on licence granted on basis of transitional provisions

This regulation provides for CASA to grant a rating on an aircraft maintenance engineer licence that was granted on the basis of subregulation 202.341 (2), 202.342 (3), 202.343 (3), 202.344 (3) or 202.345 (3), if the holder meets the requirements of the CAR provisions for the aircraft type.

 

Item [117] Regulation 202.346

Item [117] is consequential to item [115] and Item [116]. It amends the heading for regulation 202.346 and the regulation and paragraph 202.346 (b) to include a rating on an aircraft maintenance engineer licence issued to a person mentioned in regulations 202.341 to 202.345.

 

Item [118] After regulation 202.347

Item [118] is consequential to item [69]. It inserts new regulation 202.348 -- Aircraft licences granted subject to exclusions before commencement of regulation 66.026. This regulation provides that an aircraft engineer licence granted subject to the exclusion of an aircraft system or a subset of an aircraft system under regulation 66.025 before the commencement of regulation 66.026 is taken to have been granted under new regulation 66.026 inserted by item [69].

 

Item [119] Part 1 of the dictionary (definition of aircraft engineer licence)

Item [119] is consequential to item [69]. It amends the definition of aircraft engineer licence in Part 1 of the CASR Dictionary to include reference to regulation 66.026, which was inserted by item [69].

 

Item [120] Clause 1 of Part 3 of the dictionary (definition of permitted aircraft type)

Item [120] is consequential to Item [63]. It amends the definition of permitted aircraft type in clause 1 of Part 3 of the CASR Dictionary to include reference to regulation 66.010, which was amended by Item [63].

 

Item [121] Clause 1 of Part 3 of the dictionary (paragraph (a) of the definition of permitted training)

Item [121] is consequential to Item [63]. It amends the definition of permitted training in clause 1 of Part 3 of the CASR Dictionary to include reference to regulation 66.010, which was amended by Item [63].

 

Item [122] Clause 1 of Part 3 of the dictionary (definition of rating)

Item [122] is consequential to item [73]. It amends the definition of rating in clause 1 of Part 3 of the CASR Dictionary to include reference to regulation 66.095, which was amended by item [73].

 

Item [123] Clause 1 of Part 3 of the dictionary (definition of type rated aircraft type)

Item [123] is consequential to Item [63]. It amends the definition of type rated aircraft type in clause 1 of Part 3 of the CASR Dictionary to include reference to regulation 66.010, which was amended by Item [63].

Part 2--Amendments of references to 'these regulations'

 

Civil Aviation Regulations 1988

 

Item [124] Amendments of listed provisions - references to 'these regulations'

Item [124] amends the following provisions by substituting 'these regulations' (wherever occurring) with 'these Regulations':

(a)      subregulation 2 (1), (definitions of air law examination, dual flying, licensed and military aircraft);

(b)     subregulation 2(1), (definition of operating crew, paragraph (b) of the note);

(c)      subregulation 2 (1), (definition of specific subject);

(d)     subregulation 2 (2), (2A), (2B), (2C), (6), (7), (8), (9), (10), (11) and (12);

(e)      paragraphs 2B (1) (a) and (b);

(f)      subregulations 3 (1), (2), (3), (4), (5), and (6), 4 (1), 5 (1) and (2) and 5A (2);

(g)     paragraphs 6 (1) (a) and (b);

(h)     subregulation 37 (1);

(i)       paragraph 43 (7) (a);

(j)       subregulation 43 (8);

(k)     subparagraphs 43 (13) (d) (ii) and 47 (1) (a) (i);

(l)       paragraphs 50E (4) (a), (b) and (c);

(m)   regulation 5.08 (note);

(n)     subregulations 5.54 (1A) and (3A);

(o)     regulation 5.148;

(p)     subregulation 91 (2);

(q)     regulation 93;

(r)       paragraphs 132 (3) (a), and 133 (1) (d) and (e);

(s)      regulation 136;

(t)       paragraph 139 (1) (c);

(u)     subregulation 159 (1);

(v)     subregulations 209 (1) and 215 (2);

(w)   paragraph 224 (2A) (a);

(x)     subregulations 225 (2), 234 (3), 235 (1) and 248 (2);

(y)     paragraph 262AN (2) (a);

(z)      subregulation 263 (2);

(za) paragraphs 264 (1) (a), and 269 (1) (a) and (b);

(zb) subregulations 282 (1), (2) and (3);

(zc) paragraph 282 (4) (b);

(zd) regulation 287;

(ze) subregulations 288 (1), 289 (1) and 296 (1);

(zf) paragraphs 296C (2) (a);

(zg) paragraphs 297 (1) (c), (2) (a) and (b), and (3) (c), (f) and (g);

(zh) subregulation 297 (4);

(zi) subregulations 301 (1), 302 (1), 303 (1) and 305 (1) and (1A);

(zj) regulation 306;

(zk) paragraphs 309 (1) (a) and (b);

(zl) subregulation 309 (2);

(zm) regulation 310;

(zn) regulation 312, (definition of original regulations).

 

Civil Aviation Safety Regulations 1998

 

Item [125] Amendments of listed provisions - references to 'these regulations'

Item [125] amends the following provisions by replacing 'these regulations' with 'these Regulations':

(a)    subregulations 1.003 (2);

(b)   regulations 1.007 and 21.012;

(c)    subregulations 21.016 (1) and 21.017 (2);

(d)   paragraph 21.017 (4) (b);

(e)    subregulation 21.017 (5);

(f)    paragraphs 21.021 (a) and (b) and 21.029 (1) (b);

(g)   subregulations 21.033 (1) and (3);

(h)   paragraphs 21.035 (1) (a), (2) (a) and (2) (b);

(i)     subregulations 21.041 (1) and (2), 21.050 (2) and 21.081 (3);

(j)     paragraph 21.083 (5) (c);

(k)   subregulations 21.083 (6) and 21.085 (1) and (2);  

(l)     paragraphs 21.085 (4) (c) and 21.101 (2) (a);

(m) regulations 21.114, 21.137, 21.175 and 21.215;

(n)   paragraphs 21.239 (a) and (c), 21.253 (b) and 21.303 (3) (d);  

(o)   subregulation 21.321 (2);

(p)   paragraph 21.327 (6) (c);

(q)   subregulations 21.500 (2), 21.502 (1) and 21.601 (2);   

(r)     paragraphs 21.607 (1) (b), 23.006 (c) and (d) and 25.005 (c) and (d);

(s)    regulation 26.002;

(t)     paragraphs 27.004 (c) and (d) and 29.004 (c) and (d);

(u)   regulations 31.002 and 32.002;

(v)   paragraphs 33.004 (c) and (d);

(w) paragraphs 35.004 (c) and (d) and 99.215 (9) (b);

(x)   Part 1 of the dictionary (definition of incidental provisions).

 

 

 

Part 3 - Additional amendments of references to 'these regulations'

 

Civil Aviation Safety Regulations 1998

 

Item [126] Amendments of listed provisions - references to 'these regulations'

Item [126] amends the following provisions by omitting 'of these regulations':

(a)    paragraph 21.221 (1) (b);

(b)   subregulation 21.221 (5);

(c)    paragraph 21.223 (1) (b);

(d)   subregulation 21.223 (6);

(e)    paragraph 21.225 (1) (b);

(f)    subregulation 21.225 (5).

 

 

 

 

 

 

 

Part 4 - Amendments of references to 'the regulations'

 

Civil Aviation Regulations 1988

 

Item [127] Amendments of listed provisions - references to 'the regulations'

Item [127] amends the following provisions by substituting 'the regulations' with 'these Regulations':

(a)    subregulation 288 (2);

(b)   Part 1 of Schedule 9, paragraph (b) of item 1.1.

 

 

Civil Aviation Safety Regulations 1998

 

Item [128] Amendments of listed provisions - references to 'the regulations'

Item [128] amends the following provisions by substituting 'the regulations' with 'these Regulations':

(a)    regulation 1.007;

(b)   paragraph 65.033 (1) (e);

(c)    paragraph 99.175 (2) (d);

(d)   paragraph 99.265 (3) (c);

(e)    paragraph 139.712 (1) (e);

(f)    paragraph 143.017 (1) (d);

(g)   paragraph 171.017 (1) (d);

(h)   paragraph 172.022 (1) (d).

 

 

 

Part  5 - Amendments of decentralised tables of contents

 

Item [129] Amendments of listed provisions - conversion of notes to decentralised tables of contents

 

Item [129] substitutes the Note "This Part is made up as follows:" with "Table of contents" at the beginning of each of the following provisions:

 

(a) Part 1 (note);

(b) Part 11 (note);

(c) Part 21 (note);

(d) Part 22 (note);

(e) Part 23 (note);

(f) Part 25 (note);

(g) Part 26 (note);

(h) Part 27 (note);

(i) Part 29 (note);

(j) Part 31 (note);

(k) Part 32 (note);

(l) Part 33 (note);

(m) Part 35 (note);

(n) Part 39 (note);

(o) Part 42 (note);

(p) Part 45 (note);

(q) Part 47 (note);

(r) Part 60 (note);

(s) Part 65 (note);

(t) Part 66 (note);

(u) Part 67 (note);

(v) Part 90 (note);

(w) Part 91 (note);

(x) Part 92 (note);

(y) Part 99 (note);

(z) Part 101 (note);

(za) Part 137 (note);

(zb) Part 139 (note);

(zc) Part 143 (note);

(zd) Part 145 (note);

(ze) Part 147 (note);

(zf) Part 171 (note);

(zg) Part 172 (note);

(zh) Part 173 (note);

(zi) Part 200 (note);

(zj) Part 201 (note);

(zk) Part 202 (note).

 

 

 

Part 6 - Additional amendments of decentralised tables of contents

 

Civil Aviation Safety Regulations 1998

 

Item [130] Part 11 (table of contents)

Item [130] is consequential to Item [10]. It amends the entry for regulation 11.025 in the internal table of contents for Part 11.

 

Item [131] Part 11 (table of contents)

Item [131] is consequential to Item [18]. It inserts an entry for new regulation 11.080 after the entry for regulation 11.077 in the internal table of contents for Part 11.

 

Item [132] Part 21 (table of contents)

Item [132] is consequential to Item [22]. It repeals the entry for regulation 21.079 in the internal table of contents for Part 21.

 

Item [133] Part 21 (table of contents)

Item [133] is consequential to Item [26]. It repeals the entry for regulation 21.155 in the internal table of contents for Part 21.

 

Item [134] Part 21 (table of contents)

Item [134] is consequential to Item [32]. It repeals the entry for regulation 21.247 in the internal table of contents for Part 21.

 

Item [135] Part 21 (table of contents)

Item [135] is consequential to Item [36]. It amends the entry for regulation 21.621 in the internal table of contents for Part 21.

 

Item [136] Part 42 (table of contents)

Item [136] is consequential to Item [44]. It inserts an entry for new regulation 42.301 after the entry for regulation 42.300 in the internal table of contents for Part 42.

 

Item [137] Part 42 (table of contents)

Item [137] is consequential to Item [45]. It inserts an entry for new regulation 42.306 after the entry for regulation 42.305 in the internal table of contents for Part 42.

 

Item [138] Part 65 (at the end of the table of contents)

Item [138] is consequential to Item [61]. It inserts an entry for new regulation 65.285 after the entry for regulation 65.280 in the internal table of contents for Part 65.

 

Item [139] Part 66 (table of contents)

Item [139] is consequential to Item [69]. It inserts an entry for new regulation 66.026 after the entry for regulation 66.025 in the internal table of contents for Part 66.

 

Item [140] Part 66 (table of contents)

Item [140] is consequential to Item [70]. It inserts an entry for each of the new regulations 66.071 and 66.072 after the entry for regulation 66.070 in the internal table of contents for Part 66.

 

Item [141] Part 66 (table of contents)

Item [141] is consequential to Item [73]. It substitutes each entry for regulations 66.095 and 66.100 for new entries in the internal table of contents for Part 66.

 

Item [142] Part 66 (table of contents)

Item [142] is consequential to Item [77]. It amends the entry for regulation 66.135 and inserts a new entry for each of the new regulations 66.136; 66.137; 66.138; 66.139 and 66.139A after the entry for regulation 66.135 in the internal table of contents for Part 66.

 

Item [143] Part 66 (table of contents)

Item [143] is consequential to Item [82]. It amends the entry for regulation 66.165 and inserts a new entry for each of the new regulations 66.166; 66.167; 66.168; 66.168A and 66.169 after the entry for regulation 66.165 in the internal table of contents for Part 66.

 

Item [144] Part 99 (table of contents)

Item [144] is consequential to Item [99]. It repeals the entry for regulation 99.270 in the internal table of contents for Part 99.

 

Item [145] Part 101 (table of contents)

Item [145] is consequential to Item [101]. It repeals the entry for regulation 101.355 in the internal table of contents for Part 101.

 

Item [146] Part 139 (table of contents)

Item [146] is consequential to Item [101]. It repeals the entry for regulation 139.080 in the internal table of contents for Part 139.

 

Item [147] Part 143 (table of contents)

Item [147] is consequential to Item [101]. It repeals the entry for regulation 143.035 in the internal table of contents for Part 143.

 

Item [148] Part 172 (table of contents)

Item [148] is consequential to Item [103]. It repeals the entry for regulation 172.040 in the internal table of contents for Part 172.

 

Item [149] Part 201 (table of contents)

Item [149] is consequential to Item [106]. It repeals each entry for regulations 201.005 and 201.010 in the internal table of contents for Part 201.

 

Item [150] Part 202 (table of contents)

Item [150] is consequential to Item [116]. It inserts a new entry for each of the new regulations 202.345A; 202.345B and 202.345C after the entry for regulation 202.345 in the internal table of contents for Part 202.

 

Item [151] Part 202 (table of contents)

Item [151] is consequential to Item [117]. It amends the entry for regulation 202.346 in the internal table of contents for Part 202.

 

Item [152] Part 202 (table of contents)

Item [152] is consequential to Item [118]. It inserts a new entry for regulation 202.348 after the entry for regulation 202.347 in the internal table of contents for Part 202.

 

 

 

Schedule 2 -- Repeal of the Civil Aviation (Savings) Regulations

(Statutory Rules 1995 No. 149)

 

Item [1] The whole of the Regulations

Item [1] repeals the Civil Aviation (Savings) Regulations (Statutory Rules 1995 No.149). The Civil Aviation (Savings) Regulations (Statutory Rules 1995 No. 149) provided for subordinate instruments made under CAR that stopped being in force at the end of June 1995 to continue in force until June 1996. These regulations are no longer required.