Federal Register of Legislation - Australian Government

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R88/2004 Orders/Civil Aviation as made
Replacement of section 100.92 of the Civil Aviation Orders
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 03 Mar 2005
Tabling HistoryDate
Tabled HR10-Feb-2005
Tabled Senate10-Feb-2005
Gazetted 23 Dec 2004

EXPLANATORY STATEMENT

 

CIVIL AVIATION REGULATIONS 1988

 

CIVIL AVIATION ORDERS

 

REVOCATION AND REPLACEMENT OF SECTION 100.92

 

ADMINISTRATION AND PROCEDURE — AIRCRAFT MAINTENANCE ENGINEER LICENCES — CATEGORY ENGINES

 

Subregulation 31 (1) of the Civil Aviation Regulations 1988 (CAR 1988) states that a qualified person (as defined ) may apply to the Civil Aviation Safety Authority (CASA) for the issue of an aircraft maintenance engineer licence in one or more of the specified categories in that subregulation.

 

Subregulation 31 (2) of CAR 1998 states that CASA may, when issuing an aircraft maintenance engineer licence or at any time while such a licence is in force, enter an endorsement on the licence specifying the limits of the work to which the licence relates.

 

Subregulation 31 (3) of CAR 1998 states that CASA may, to ensure the safety of air navigation, include in an aircraft maintenance engineer licence an endorsement that the licence is issued subject to a condition set out in a Part or Section of the Civil Aviation Orders.

 

 Section 100.92 of the Civil Aviation Orders contained requirements relating to the issue of such licences in the category known as category engines.  It contained the various ratings into which the category is classified.  It contained requirements for the issue of such ratings and also contained experience and examination requirements.

 

This Order revokes and remakes section 100.92.  This has been done as part of a scheme to review the Civil Aviation Orders, and, in particular, to ensure that they are in a position to meet the technical requirements of the Legislative Instruments Act 2003 when it comes into effect on 1 January 2005.  The remake does not involve any changes in existing law or policy in the Order.  The Order is being remade solely for the purpose of ensuring compliance and consistency with the Legislative Instruments Act 2003 when it commences on 1 January 2005.  However, the opportunity has been taken to update outdated references to legislation in the Order and to introduce gender-neutral wording into the Order.

 

The Office of Regulation Review has stated that a Regulation Impact Statement is not necessary because the remake is of a minor or machinery nature.

 

The Order has been issued by the Director of Aviation Safety in accordance with subsection 84A (2) of the Civil Aviation Act 1988.

 

The Order came into effect on gazettal.

 

[Civil Aviation Amendment Order (No. R88) 2004]