Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION REGULATIONS (AMENDMENT) 1994 NO. 93

STATUTORY RULES 1994 No. 93

Issued by the authority of the Minister for Transport

Civil Aviation Act 1988

Civil Aviation Regulations (Amendment)

Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.

Regulation 33B of the Civil Aviation Regulations (the Regulations) deals with airworthiness authorities. Paragraph 33B(1)(b) empowered the Civil Aviation Authority (the Authority), in writing and in accordance with the Civil Aviation Orders, to issue authorities to carry out welding in the course of the manufacture or maintenance of aircraft. The regulatory requirements relating to welding were contained in Civil Aviation Orders (the Orders). The amending regulations relating to aircraft welding authorities replace the requirements in the Orders with revised and updated requirements set out in the Regulations. The amendment to regulation 297A of the Regulations provides for review of decisions relating to aircraft welding authorities and airworthiness authorities by the Administrative Appeals Tribunal. The amending regulations also make a number of technical changes to the Regulations relating to aircraft welding authorities and airworthiness authorities.

Additionally, the amending regulations make a number of miscellaneous amendments to the Regulations.

Paragraphs 23(1)(a), 23(2)(a) and 23(2A)(a) of the Act permit the carriage, or consignment for carriage, of dangerous goods on an aircraft only in accordance with the Regulations including any conditions specified in the Regulations. The Regulations require the carriage of dangerous goods to be in accordance with the Technical Instructions for the Safe Transport of Dangerous Goods by Air (the Technical Instructions), approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time. New regulation 262EA enables the Civil Aviation Authority, in its capacity as the competent authority for the purposes of the Technical Instructions, to act along the lines set out in International Atomic Energy Agency Regulations (the IAEA Regulations) in giving certain approvals relating to radioactive material for the purposes of the Technical Instructions.

The amending regulations make changes of a technical drafting nature to subregulation 262P(5) (employees of operators - training relating to dangerous goods) and to the definition of flight crew licence in regulation 2 of the Regulations.

DETAILS OF THE AMENDMENTS ARE AS FOLLOWS:

REGULATION 1 This regulation provides that the Civil Aviation Regulations (the Regulations) are amended as set out in the Regulations.

REGULATION 2

Subregulation 2.1 amends the definition of "flight crew licence" in regulation 2 of the Regulations to make it clear that a flight crew licence is a licence of a kind mentioned in regulation 5.08 and issued under regulation 5.09 of the Regulations.

Subregulation 2.2 defines ,aircraft welding authority" and "Manual welding" for the purposes of the new regulations relating to aircraft welding authorities. The definition of manual welding is required to differentiate this type of welding from welding carried out automatically by machines.

REGULATION 3

This regulation makes a technical drafting amendment to the heading to Division 4 of Part IV of the Regulations.

REGULATION 4

This amendment inserts a new regulation 29A into Division 4 of Part IV of the Regulations. Regulation 29A contains definitions of "aircraft welding examination" and "welding training" and sets out the types of manual welding and parent metal groups for the purposes of the Division.

Aircraft welding examinations consist of practical tests of manual welding carried out on certain kinds of weld joints. The examinations are based on examination materials published by the Civil Aviation Authority in a document called "Aircraft Welding Examinations" and are conducted by the Authority or an authorised person. The document contains details of the examinations and supporting technical and administrative details relating to the conduct and assessment of the examinations.

Welding training is defined as practical and theoretical training based on Australian Standard AS 1796 as in force from time to time and conducted by an organisation that carries out training in welding. Australian Standard AS 1796 deals with certification of welders. The third edition of this standard, produced by Standards Australia (Standards Association of Australia), was published in 1993.

REGULATION 5

This regulation amends regulation 33 of the Regulations. In the interests of safety it is considered that the requirements relating to testing of competency set out in this provision should apply to the holders of airworthiness authorities and aircraft welding authorities.

REGULATION 6

Regulation 33B of the Regulations has been amended by omitting paragraph 33B(1)(b) which dealt with authorities to carry out welding in the course of the manufacture or maintenance of aircraft. This paragraph has been replaced by the new regulations relating to aircraft welding authorities.

REGULATION 7

This regulation inserts in Division 4 of Part IV of the Regulations new regulations dealing with aircraft welding authorities.

New regulation 33C deals with applications for aircraft welding authorities. Manual welding may be carried out on weld joints of various kinds using different types of manual welding and parent metal groups. The relevant type of manual welding and parent metal group must be identified in the application for an aircraft welding authority.

New regulation 33D gives the Authority power to grant aircraft welding authorities.

In the interests of safety it is considered necessary for an applicant for an aircraft welding authority to demonstrate welding competency by carrying out certain practical tests of manual welding using relevant parent metal groups and types of manual welding. The provisions in the Orders relating to welding tests have proved unduly inflexible and did not take account of current requirements and practice. In the interests of a system that is more responsive to local and overseas developments the new requirements adopt a flexible approach in relation to aircraft welding examinations.

The need for training has long been recognised. The new approach to welding training will establish a nationally accepted standard of aircraft welding training based on Australian Standard AS 1796.

The regulation also provides for the recognition of certain overseas qualifications and qualifications issued by the Defence Force. The new requirements will standardise the Defence Force and civilian requirements and should reduce industry costs.

Under the regulation, the Authority is able to grant an application in respect of some of the types of manual welding and refuse it in respect of others.

Under the regulation, the Authority is prevented from granting an application in cases where an applicant knowingly or recklessly makes a false or misleading statement in relation to the application or has failed to pay any relevant charges under section 66 of the Act.

The regulation requires the Authority, when it grants an aircraft welding authority, to note on it the relevant type of manual welding and parent metal group. It further obliges the Authority to specify in the authority the period for which the authority is to remain in force. The maximum period is 2 years.

New regulation 33E gives the Authority power to declare an authority of a foreign country to be a recognised authority. Under subregulation 33E(2), such a declaration is required to be published in the Gazette.

Under new regulation 33F, a welding authority remains in force for the period specified in it, or if renewed, until the end of the last period of renewal, unless it is suspended or cancelled before then. If a welding authority is cancelled, its holder must return it to the Authority. A penalty of 5 penalty units applies for a contravention of j this provision.

New regulation 33G deals with renewals of aircraft welding authorities. A welder may apply for renewal of his or her authority within 3 months before the day on which the authority stops being in force.

New regulation 33H provides for the approval of changes to an aircraft 1 welding authority.

In the interests of safety and in line with the regulatory requirements of the leading overseas aviation countries, it is considered necessary for a welder's competency to be examined at regular intervals. Under the new regulations, in the case of a renewal, or a change that involves adding a type of manual welding or a parent metal group, a welder is required to demonstrate welding competency by carrying out certain aircraft welding examinations. In the case of a change, a welder is also required to have successfully completed relevant welding training.

New regulation 331 provides for conditions to be imposed on an aircraft welding authority. It is considered necessary for the Authority to be able, in particular cases, to impose conditions on an authority in the interests of safety. A condition will be set out in an authority and a penalty of 50 penalty units is imposed for a contravention of a condition.

REGULATION 8

This regulation amends regulation 42ZC of the Regulations to pick up the terms "aircraft welding authority" and "manual welding". New subregulation 42ZC(10) deals with the kind of maintenance covered by an aircraft welding authority.

REGULATION 9

This regulation inserts new regulation 262EA into Part XIIIA of the Regulations.

Clause 4 of the Code of Practice for the Safe Transport of Radioactive Substances 1990 (the Code), distinguishes the transport of radioactive material by air from other forms of transport to which the IAEA Regulations are applicable. Under clause 4 of the Code, the transport of radioactive materials by air must be in accordance with the Act. The Act requires the carriage of dangerous goods to be in accordance with the Regulations or a permission given by the Authority under the Act. The Regulations require the carriage of dangerous goods by air to be in accordance with the Technical instructions.

The Authority is the competent authority to give certain approvals for the purposes of the Technical Instructions. The Technical Instructions, however, do not contain a validation process for certain approvals equivalent to that set out in the IAEA Regulations. The Authority, therefore, could not act along the lines set out in the IAEA Regulations in giving certain approvals for the purposes of the Technical Instructions. New regulation 262EA provides such a mechanism. The regulation enables the Authority, in those cases where a "design" or "shipment" to be approved is subject to a current approval by the competent authority of another country, to give an approval solely on the basis of that competent authority's certificate.

REGULATION 10

This regulation amends subregulation 262P(5) to effect a technical amendment to make it clear that the regulation does not apply to persons handling, or involved in handling, cargo carried on an aircraft        engaged in a private operation.

REGULATIONS 11 - 20

These regulations make a number of amendments of a technical drafting nature to regulations 263, 265, 266, 267, 268, 269, 270, 272 and 272A in Part XIV of the Regulations.

Part XIV of the Regulations contains provisions dealing with suspension and cancellation of licences and certificates including certificates of approval and aircraft maintenance engineer licences issued under Division 4 of Part IV of the Regulations. Previously, airworthiness authorities issued under regulation 33B of the Regulations were not covered by Part XIV of the Regulations. Accordingly, the suspension and cancellation provisions of that Part did not apply to them. As airworthiness authorities and aircraft welding authorities give the holder of an authority an entitlement to carry out various activities in relation to the maintenance of aircraft, it is considered, in the interests of safety, that the suspension and cancellation provisions of Part XIV should uniformly apply to licences, certificates and authorities relating to maintenance matters.

REGULATIONS 21 AND 22

These regulations amend the Regulations to apply the offence provisions (subregulation 282(4) and regulation 284 in Part XVI of the Regulations) to aircraft welding authorities and airworthiness authorities.

REGULATION 23

This regulation amends regulation 297A of the Regulations. A refusal by the Authority to grant, renew, or approve a change to, or a decision to impose a condition on, an aircraft welding authority is a reviewable decision under the amendments. The amendments also provide for review of a decision not to issue an airworthiness authority under subregulation 33B(1) of the Regulations and the imposition of conditions on an airworthiness authority under subregulation 33B(2). The amendments of paragraphs 297A(1)(v) and (w) deal with decisions relating to the suspension and cancellation of an aircraft welding authority or an airworthiness authority.

REGULATION 24

This regulation makes a technical amendment to subpart 2.5 of Schedule 6 of the Regulations in relation to aircraft welding authorities.

REGULATIONS 25 AND 26

Regulation 25 is a transitional provision necessary to save authorities issued under paragraph 33B(1)(b) of the Regulations. Pending applications are dealt with in regulation 26.

The amending regulations commenced on gazettal.