Commonwealth Numbered Regulations - Explanatory Statements
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CIVIL AVIATION SAFETY AMENDMENT (PART 66 TRANSITION EXTENSION) REGULATIONS 2020 (F2020L00824)
EXPLANATORY STATEMENT
Issued by the authority of the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development
Civil Aviation Act 1988
Civil Aviation Safety Amendment (Part 66 Transition Extension) Regulations 2020
The Civil Aviation Act 1988 (the Act) establishes the regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents.
Subsection 98(1) of the Act provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Subsection 98(1) also provides that the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation (Chicago Convention) relating to aviation safety, and in relation to the safety of air navigation, being regulations with respect to any other matters to which the Parliament has power to make laws.
Subsection 9(1) of the Act specifies, in part, that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.
The purpose of the Civil Aviation Safety Amendment (Part 66 Transition Extension) Regulations 2020 (the proposed Regulations) is to amend the Civil Aviation Safety Regulations 1998 (the principal Regulations), to extend the current transition arrangements that allow CASA to grant a limited Part 66 aircraft engineer licence to people who had already commenced training and examinations under the Civil Aviation Regulations 1988 (the 1988 Regulations), for a period of 12 months until 30 June 2021.
Part 66 of the principal Regulations prescribes the rules for aircraft engineer licensing. Part 66 commenced in June 2011, replacing the previous licensing system prescribed by the 1988 Regulations. Part 66 is a competency-based training system, integrated into the National Vocational and Education Training system. The licensing system under the 1988 Regulations cover less aviation and aircraft systems subjects than the current Part 66 curriculum. As such, the privileges that may be exercised on a licence granted to a person who used the pathway under the 1988 Regulations are 'limited' in scope, because the training curriculum of the two licensing systems are different.
Despite the differences between Part 66 and the previous licensing system, the pathway under the 1988 Regulations was kept available as a self-study pathway to a limited Part 66 licence via transitional provisions. Industry initially opposed the cessation of the 1988 system due to there being limited training organisations in regional locations across Australia to service the new system. The intent of the transitional policy was to enable people who had already commenced this pathway to finish their training and examinations under that system and be granted a limited Part 66 licence. This transitional arrangement was initially only available until June 2015 but was extended to 3 July 2020 to provide additional time for industry users to complete their training.
CASA is developing a replacement self-study pathway but due to the current COVID-19 travel and social distancing restrictions affecting the practical aspects of training and candidates' ability to sit exams, industry has requested a further extension. The extension will continue to provide individuals with a self-study option and is reasonable under the circumstances.
The amendments extend the current transitional arrangements by twelve months, until 30 June 2021, as an industry relief measure in response to the COVID-19 pandemic. The changes also insert a new sub-regulation to allow CASA to continue to assess applications for a licence after 30 June 2021, providing the application for a licence was made on or before the new 30 June 2021 cessation date. The amendments also insert a new repeal date for this Part 66 transitional provision of 1 July 2022.
This proposal has been communicated to industry on the CASA website and general email subscriber lists, as a measure that CASA is taking to provide relief for industry in response to the COVID-19 pandemic. The regulatory amendments were published for consultation between 29 April 2020 and 13 May 2020, attracting 13 responses. 12 respondents supported the proposal, with two of those suggesting a further extension beyond the proposed 12-month extension period. One respondent did not support the proposal. Given the circumstances, the timeframe, and general support for the proposal, the normal consultation times were reduced to expedite putting the relief measures in place.
CASA expects there will be no negative impacts on industry, considering this relief measure is providing a 12 month extension to individuals to continue to use the pathway in the 1988 Regulations to qualify for a limited Part 66 licence.
Regulation Impact Statement
The Office of Best Practice Regulation have assessed the amendments and determined that no further analysis in the form of a Regulation Impact Statement was required.
(OBPR ID: 42479)
Statement of Compatibility with Human Rights
A statement of Compatibility with Human Rights is at Attachment A.
The Regulations are a legislative instrument for the purposes of the Legislation Act 2003. Details of the Regulations are set out in Attachment B.
The provisions of the Civil Aviation Safety Amendment (Part 66 Transition Extension) Regulations 2020 commence on the day after registration on the Federal Register of Legislation.
Authority: Subsection 98(1) of the
Civil Aviation Act 1988
ATTACHMENT A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Civil Aviation Safety Amendment (Part 66 Transition Extension) Regulations 2020
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 Legislative Instrument (the Regulations) amend the Civil Aviation Safety Regulations 1998 (CASR), to extend the current transition arrangements that allow CASA to grant a limited Part 66 aircraft engineer licence to a person who has already commenced training and examinations under the previous regulation 31 of the Civil Aviation Regulations 1988 (CAR), for a period of 12 months until 30 June 2021. Part 66 of the CASR prescribes the rules for aircraft engineer licensing. Part 66 commenced in June 2011, replacing the previous licensing system prescribed by regulation 31 of CAR.
Despite the differences between Part 66 and the regulation 31 licensing system, the pathway under regulation 31 of the CAR was kept available as a self-study pathway to a limited Part 66 licence via transitional provisions. The intent of the transitional policy was to enable a person who had already commenced the CASA Basics exams and experience pathway to complete their training and examinations under that system and be granted a limited Part 66 licence.
Human rights implications
The Regulations engage Article 6 of the International Covenant on Economic Social and Cultural Rights, specifically the right to work.
The Right to Work
The right to work includes the right of everyone to the opportunity to gain their living by work which they freely choose or accept, Article 6(2) also provides that the steps to be taken to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.
Analysis
The Regulations extend the current transitional arrangements by twelve months, until
30 June 2021, as an industry relief measure in response to the COVID-19 pandemic, allowing a person to use the previous pathway to qualify for a Part 66 aircraft engineer licence. The Regulations also allow CASA to continue to assess applications for a licence after
30 June 2021, providing the application for a licence was made on or before the new
30 June 2021 cessation date.
The Regulations will maintain or advance the right to work, as they provide a longer recognition of training and examinations passed by a person seeking to become an aircraft engineer licence holder, thereby giving persons a greater opportunity to qualify for a licence and to obtain employment as an aircraft engineer.
Conclusion
This legislative instrument is compatible with human rights and, to the extent that it engages the right to work, it does so in a way that, as far as practicable, promotes rather than limits those rights.
Civil Aviation Safety Authority
ATTACHMENT B
Details of the proposed Civil Aviation Safety Amendment (Part 66 Transition Extension) Regulations 2020
Section 1 - Name of Regulation
Section 1 provides that the title of the instrument is the Civil Aviation Safety Amendment (Part 66 Transition Extension) Regulations 2020.
Section 2 - Commencement
Section 2 provides that the instrument commences on the day after it is registered.
Section 3 - Authority
Section 3 provides that the instrument is made under the Civil Aviation Act 1988.
Section 4 - Schedule(s)
Section 4 provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument would have effect according to its terms.
Schedule 1 - Amendments
Civil Aviation Safety Regulations 1998
Item [1] Subregulation 202.345(1)
Item [1] after "may", inserts "on or before 30 June 2021," which extends the current transitional arrangements provided under regulation 202.345 for an additional period until 30 June 2021, to enable CASA to grant a category B1 or B2 licence to a person on or before 30 June 2021, if the person meets the requirements prescribed by the Part 66 Manual of Standards for the purposes of this regulation.
Item [2] After subregulation 202.345(1)
Item [2] inserts new subregulation 202.345(1A) after subregulation 202.345(1), which enables CASA to grant a category B1 or B2 licence on or after the 1 July 2021, to a person who has met all the requirements mentioned in subregulation (1), and the person applied for the licence on or before the 30 June 2021 cessation date of the 12 month extension period, and the application has not finally been determined by CASA on or before the cessation date.
Item [3] Subregulation 202.345(3)
Item [3] omits the current repeal date for regulation 202.345 and substitutes a new repeal date of 1 July 2022.