I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 33B of the Civil Aviation Regulations 1988.

[Signed John F. McCormick]

John F. McCormick
Director of Aviation Safety and
   Chief Executive Officer

22 May 2009

Civil Aviation Order 100.23 Amendment Order (No. 1) 2009

1 Name of instrument

 This instrument is the Civil Aviation Order 100.23 Amendment Order (No. 1) 2009.

2 Commencement

 This instrument commences on the day after it is registered.

3 Amendment of Civil Aviation Order 100.23

 Schedule 1 amends Civil Aviation Order 100.23.

Schedule 1 Amendment

[1] After subsection 5

insert

6 Examiner authorities in dual holders of CAR 30 and recognised organisation approvals

 6.1In this subsection, unless the contrary intention appears, the following words and phrases have the same meaning as in Civil Aviation Order (CAO) 100.66:

 employee; exposition; knowledge examiner; recognised organisation.

 6.2This subsection applies to an employee (CAR 30 examiner) of an organisation that holds a current certificate of approval under regulation 30 of CAR 1988 mentioned in subsection 6.3 (CAR 30 holder) provided the organisation is also a current recognised organisation (RO).

 6.3For subsection 6.2, the certificate of approval under regulation 30 of CAR 1988 must be one that is endorsed for the conduct of aircraft maintenance engineer licence examinations.

 6.4 For this Order, if the employee meets the requirements of this subsection, he or she is not required to hold an aircraft maintenance engineer examiner authority in order to exercise the following privileges (examiner privileges):

(a) the preparation and maintenance of an examination question library;

(b) the marking of candidates’ specific type examinations;

(c) the review and analysis of examination results;

(d) the approval of examination results.

Note   These are the privileges mentioned in subparagraphs 2 (a), (c), (d) and (e) of CAO 100.26.

 6.5 However, where a CAR 30 examiner purports to act under this subsection, each examiner privilege may only be exercised in accordance with this subsection.

 6.6 For the exercise of an examiner privilege for a particular type or series of airframe, engine, system or installation, the CAR 30 examiner must be a person who:

(a) meets the relevant standards for a knowledge examiner for the same or a similar privilege as set out in the RO’s exposition under subclause 7.6 of Appendix 5 of CAO 100.66; and

(b) meets the relevant requirements for an examiner authority for the privilege, as mentioned in subsection 1 of CAO 100.26, including the requirements for a relevant rating for the privilege, as mentioned in paragraph 3.2 of CAO 100.26; and

Note   The requirements of both subparagraph (a) and subparagraph (b) must be met.

(c) has been informed by the CAR 30 holder of the differences between the duties and responsibilities of a knowledge examiner under CAO 100.66, and the privileges and responsibilities of a person who holds an aircraft maintenance engineer examiner authority for CAR 30 under regulation 33B of CAR 1988, CAO 100.23 and CAO 100.26; and

Note   Although described differently, for practical purposes it is expected that there are no significant differences between the duties and responsibilities of a knowledge examiner and the privileges and responsibilities of an examiner authority holder.

(d) within the 24 months before exercising the examiner privilege, has undergone the professional development that a knowledge examiner would undergo under subclause 7.7 of Appendix 5 of CAO 100.66 that is relevant to the same or a similar privilege; and

(e) has ready access to each part of the exposition mentioned in subclauses 7.6, 7.7 and clause 14 of Appendix 5 of CAO 100.66 that relate to the requirements of this subsection; and

(f) has a written statement from the organisation of his or her duties and responsibilities as a CAR 30 examiner, including any conditions, restrictions or limitations on the nature and scope of the examiner privileges that arise from the requirements of subparagraph (a); and

(g) exercises his or her examiner privileges in accordance with the written statement mentioned in subparagraph (f); and

(h) is listed in a record held by the organisation:

 (i) as an employee who is both a CAR 30 examiner and a knowledge examiner of the organisation; and

 (ii) as having the experience, qualifications and training included in the record.

 6.7 A CAR 30 examiner who has a disability that is likely to affect his or her exercise of technical skill or judgment as an examiner, must not exercise examiner privileges.