CASA EX174/15-Exemption from welding training for grant of aircraft welding authority [F2015L01699] -Response required [2015] AUSStaCSDLM 234 (25 November 2015)

• Chapter 1
• New and continuing matters
• Response required

Chapter 1

New and continuing matters

This chapter details concerns in relation to disallowable instruments of delegated legislation received by the Senate Standing Committee on Regulations and Ordinances (the committee) between 23 October 2015 and 5 November 2015 (new matters); and matters previously raised in relation to which the committee seeks further information (continuing matters).

Response required

The committee requests an explanation or information from relevant ministers or instrument-makers with respect to the following concerns.

Instrument	CASA EX174/15 - Exemption — from welding training for grant of aircraft welding authority [F2015L01699]
Purpose	Exempts a class of applicants for an aircraft welding authority from the requirement to have completed welding training as prescribed in Civil Aviation Regulations 1988
Last day to disallow	22 February 2016
Authorising legislation	Civil Aviation Safety Regulations 1998
Department	Infrastructure and Regional Development
Scrutiny principle	Standing Order 23(3)(d)

Timetable for making substantive amendments to Civil Aviation Regulations 1988

The instrument exempts an aircraft welding authority applicant who previously held an aircraft welding authority from the training requirement prescribed in Civil Aviation Regulations 1998 (CAR 1988). In doing so, the instrument creates an exemption so that applicants with an expired welding authority will not incur the cost or inconvenience of undertaking further training, which they would have avoided if their welding authority had not expired.

The ES for this instrument states:

CASA is considering updating the legislation covering maintenance permissions for aircraft welding, including making it capable of being responsive to changes in technology and practice. CASA intends to propose amendments to CAR 1988 to make the necessary changes. This instrument has been made in anticipation of those more extensive changes.

The committee generally prefers that exemptions are not used or do not continue for such time as to operate as de facto amendments to principal legislation. Given the committee’s general expectation in this regard, the committee notes that the instrument grants the exemption from the welding training as prescribed in CAR 1988 until the end of September 2017; however, no information is provided as to the expected timetable for the proposed amendments to CAR 1988.

The committee seeks the advice of the minister in relation to this matter.