Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1997

No. 111 1

__________________

Civil Aviation Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.

Dated 14 May 1997.

 

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

  

JOHN SHARP

Minister for Transport and Regional Development

____________

1.   Amendment

1.1   The Civil Aviation Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 2 (Interpretation)

2.1   Subregulation 2 (1):

Insert the following definitions:

“ ‘maintenance controller’ means a person:

• (a)

  appointed under regulation 42ZV; and

• (b)

  whose appointment:

  • (i)

    is approved under regulation 42ZW; and

  • (ii)

    is not suspended or cancelled under regulation 42ZX;

‘maintenance control manual’ means a maintenance control manual mentioned in regulation 42ZY;”.

3.   Regulation 42ZV (Maintenance control manual and maintenance controller: class A aircraft)

3.1   Omit the regulation, substitute:

Maintenance controllers

 “42ZV.(1)The operator of a class A aircraft must appoint a person to be the maintenance controller for the aircraft.

Penalty:

50 penalty units.

 “(2) The same person may be appointed as the maintenance controller for more than 1 class A aircraft.

 “(3)A person appointed as the maintenance controller for a class A aircraft must not undertake duties as the maintenance controller unless:

• (a)

  the appointment is approved under regulation 42ZW; and

• (b)

  the approval is not suspended or cancelled under regulation 42ZX.

Penalty:

50 penalty units.

Approval of maintenance controllers

 “42ZW.(1)The operator of a class A aircraft may ask CASA to approve a person’s appointment as the maintenance controller for the aircraft.

 “(2)CASA must, on receiving a request for approval of a person’s appointment, approve the appointment if it is reasonably satisfied that the person:

• (a)

  meets the requirements of Part 1 of Schedule 9; and

• (b)

  can properly perform the functions set out in Part 2 of Schedule 9.

[NOTE: A decision not to approve the appointment of a person to be a maintenance controller is reviewable by the Administrative Appeals Tribunal under regulation 297A.]

 “(3)CASA may approve an appointment subject to any condition that is necessary in the interests of the safety of air navigation.

[NOTE: A decision to approve the appointment of a person to be a maintenance controller subject to conditions is reviewable by the Administrative Appeals Tribunal under regulation 297A.]

 “(4)If CASA approves a person’s appointment it must give a copy of the approval, including the conditions (if any) applicable to the approval, both to the person and to the operator.

 “(5)A person whose appointment is approved must not contravene a condition to which the approval is subject.

Penalty:

50 penalty units.

 “(6) An approval stops being in force if:

• (a)

  it is cancelled; or

• (b)

  the appointment to which it relates ends.

 “(7)If CASA suspends an approval, the approval has no effect during the period of the suspension.

Suspension or cancellation of approvals

 “42ZX.(1)CASA may suspend or cancel an approval of a person’s appointment as the maintenance controller for a class A aircraft if:

• (a)

  the person is not carrying out the maintenance controller’s functions satisfactorily; or

• (b)

  the person has contravened a condition to which the approval is subject.

[NOTE: A decision to suspend or cancel an approval is reviewable by the Administrative Appeals Tribunal under regulation 297A.]

 “(2)A suspension or cancellation does not have effect until a notice of the suspension or cancellation is served on:

• (a)

  the person; and

• (b)

  the operator of the aircraft.

Maintenance control manuals

 “42ZY.(1)The operator of a class A aircraft must preparea maintenance control manual for the aircraft that:

(a) states the operator’s name; and

• (b)

  if the operator does not hold the registration certificate for the aircraft—states the name of its certificate holder; and

• (c)

  sets out the functions of the operator’s maintenance controller; and

• (d)

  includes:

  • (i)

    a description of the aircraft that identifies it, including particulars of its type, model and marks; and

  • (ii)

    details of the arrangements for the control of maintenance of the aircraft; and

  • (iii)

    details of the arrangements under which the aircraft’s approved maintenance program is to be met; and

  • (iv)

    details of the arrangements to ensure compliance with the weight and balance requirements for the aircraft; and

  • (v)

    a statement determining the period, or period of time-in-service, for which a maintenance release for the aircraft is to remain in force.

Penalty:

50 penalty units.

 “(2) The operator must ensure:

• (a)

  compliance with the maintenance control manual; and

• (b)

  that the maintenance controller properly carries out the maintenance controller’s function set out in Part 2 of Schedule 9.

Penalty:

50 penalty units.

 “(3) An operator must make available to a person who carries out maintenance on the operator’s aircraft a copy of the parts of the maintenance control manual that are relevant to the maintenance.

Penalty:

50 penalty units.

Maintenance control manuals: amendments

 “42ZZ.(1)An operator must amend the operator’s maintenance control manual whenever it is necessary to do so to keep it up‑to‑date.

Penalty:

50 penalty units

 “(2) CASA may direct the operator to amend the maintenance control manual in accordance with the direction.

 “(3) An operator must comply with a direction given to the operator.

Penalty:

50 penalty units.

 “(4) The operator must ensure that amendments of the maintenance control manual made under this regulation are incorporated in each copy of the manual kept by the operator.

Penalty:

50 penalty units.

Inspection of maintenance control manuals

 “42ZZA. An operator must, if asked by CASA, make the operator’s maintenance control manual available for inspection by CASA.

Penalty:

50 penalty units.”.

4.   Regulation 297A (Review of decisions)

4.1   Subregulation 297A (1) (definition of “reviewable decision”):

After paragraph (h), insert:

• “(ha)

  a decision under subregulation 42ZW (2) not to approve the appointment of a person to be a maintenance controller; or

• (hb)

  a decision under subregulation 42ZW (3) to approve the appointment of a person to be a maintenance controller subject to conditions; or

• (hc)

  a decision under subregulation 42ZX (1) to suspend or cancel the approval of a person’s appointment as a maintenance controller; or”.

5.   Savings and transitional

5.1   If an operator has appointed a person to be the maintenance controller for a class A aircraft for the purposes of regulation 42ZV of the Civil Aviation Regulations as in force immediately before the commencement of these Regulations:

• (a)

  the person is taken to be the maintenance controller for the aircraft under regulation 42ZV of the Civil Aviation Regulations as in force immediately after the commencement of these Regulations; and

• (b)

  the appointment is taken to have been approved under regulation 42ZW of the Civil Aviation Regulations as amended by these Regulations.

5.2   A maintenance control manual mentioned in regulation 42ZV of the Civil Aviation Regulations as in force immediately before the commencement of these Regulations, is taken to be a maintenance control manual mentioned in regulation 42ZY of the Civil Aviation Regulations as amended by these Regulations.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 May 1997.

2. Statutory Rules 1988 No. 158 as amended by Statutory Rules 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487; 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268 and 319; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224; 1996 No. 88; 1997 Nos. 23 and 67.