CASA 463/10 – Authorisation – to carry out maintenance on class A or class B aircraft - Exemption – to certify maintenance on class A or class B aircraft

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Legislation au F2010L03109 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Authorisation — to carry out maintenance on class A or class B aircraft
Exemption — to certify maintenance on class A or class B aircraft

Regulatory Context

Section 98 of the Civil Aviation Act 1988 (the Act) enables the Governor-General to regulate for the Act and towards the safety of air navigation.

 

Regulation 42ZC of the Civil Aviation Regulations 1988 (CAR 1988) describes who can perform maintenance on an Australian aircraft in Australian territory. Regulation 42ZE describes who can certify for completion of maintenance on an Australian aircraft in Australian territory.

 

Subregulation 308 (1) of CAR 1988 provides that CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of, the aircraft, from compliance with specified provisions of CAR 1988. Subregulation 308 (2) provides that before making an exemption, CASA must take into account any relevant considerations relating to the interests of safety. Subregulation 308 (3) provides that CASA may make an exemption, subject to any condition specified in the exemption as being necessary in the interests of safety.

 

Carrying out maintenance — aircraft polishing

Regulation 42ZC of CAR 1988 operates by reference to class A and class B aircraft.

 

Class A aircraft are either type certified in the transport category or used for commercial purposes as specified in paragraph 206 (c) of CAR 1988. Class B aircraft are all aircraft that are not class A aircraft.

 

Subregulation 42ZC (3) states who may carry out maintenance on a class A aircraft. Subregulation 42ZC (4) states who may carry out maintenance on a class B aircraft.

 

Under subregulation 42ZC (6), CASA may, in writing, authorise a person for paragraph 42ZC (3) (d) or paragraph 42ZC (4) (e).

 

Paragraphs 42ZC (3) (d) and 42ZC (4) (e) both allow for maintenance to be carried out by persons authorised under subregulation 42ZC (6). The maintenance must be carried out in accordance with the conditions (if any) of the authorisation.

 

The instrument authorises persons employed by the named operator to carry out aircraft polishing. Aircraft polishing, because of the tools and procedures that are used, may be classified as low level maintenance.

 

Conditions

The instrument has been issued subject to conditions. The main purpose of the conditions is to provide for proper supervision of the polishing and for certification of completion of the maintenance.

 

The instrument requires supervision to be carried out by a qualified supervisor as defined in the instrument. A qualified supervisor must hold an aircraft maintenance engineer licence, or a maintenance authority, issued under CAR 1988, and must be present in person to supervise the polishing operations and to give advice and answer questions from the aircraft polisher.

 

In addition, Schedules 1 and 2 contain conditions relating to the working arrangements of the polisher and qualified supervisor, for class A and class B aircraft respectively. These conditions duplicate as closely as practicable the equivalent conditions set out in paragraphs 42ZC (3) (b) and 42ZC (4) (b) of CAR 1988. For class A aircraft, both must work for a person who holds a certificate of approval. For class B aircraft, the supervisor must be an independent contractor, or employed by a person who holds an aircraft maintenance licence or a maintenance authority, which are the qualifications of a qualified supervisor. Under Schedule 3 only a qualified supervisor may certify for completion of the aircraft polishing by the aircraft polisher.

 

Exemption under subregulation 308 (1)

Section 4 of the instrument exempts the aircraft polisher from compliance with paragraph 42ZE (1) (b) of CAR 1988. Paragraph 42ZE (1) (b) requires compliance with the CASA system of certification of completion of maintenance. Part 1 of this system, set out in Schedule 6 to CAR 1988, requires a person who physically carries out maintenance to certify for its completion, unless supervised by the holder of an aircraft maintenance engineer licence. In respect of aircraft polishing, it has been decided to require the qualified supervisor to certify for completion of the polishing. A qualified supervisor, as defined in the instrument, would hold either an aircraft maintenance engineer licence or a maintenance authority.

 

Legislative Instruments Act

Regulation 308 (4) of CAR 1988 provides that an exemption is a disallowable instrument. Under the Legislative Instruments Act (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared a disallowable instrument under legislation in force before the commencement of the LIA. Under subsection 5 (4) of the LIA, where only some provisions of an instrument are of a legislative character, the whole instrument is a legislative instrument. The authorisation and exemption instrument is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

There has been consultation with industry and 2 earlier instruments have been issued, CASA 579/05 and CASA 75/07, which dealt with the same issues. This instrument is designed to authorise carrying out aircraft polishing as a form of maintenance, and to provide for certification of completion of maintenance in the form of aircraft polishing.

 

The instrument commences on the day after it is registered. It stops having effect at the end of January 2012.

 

The instrument has been made by a delegate of CASA, under subregulation 7 (1) of CAR 1988.

 

[Instrument number CASA 463/10]

Overview

The Civil Aviation Regulations 1988 were enacted to regulate various aspects of civil aviation in Australia and ensure the safety of air navigation, as authorised by section 98 of the Civil Aviation Act 1988. This legislation was introduced to address the need for clear regulations governing the maintenance and certification of aircraft in Australia, particularly concerning the authorisation and exemption processes for specific types of maintenance activities. The instrument in question, F2010L03109, was issued by the Civil Aviation Safety Authority (CASA), a delegate of the Australian Government, under the authority granted by subregulation 7(1) of the Civil Aviation Regulations 1988. The primary objective of this instrument is to authorise the carrying out of aircraft polishing, a form of low-level maintenance, and to establish conditions for the certification of completion of such maintenance by qualified supervisors. This instrument is subject to disallowance in the Parliament under the Legislative Instruments Act, and it comes into effect upon registration, remaining in force until the end of January 2012.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 governs the authorisation and exemption for carrying out and certifying maintenance on class A and class B aircraft within Australian territory. Specifically, Regulation 42ZC outlines who is permitted to perform maintenance on these aircraft, while Regulation 42ZE details who can certify the completion of such maintenance. Subregulation 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt certain aircraft, persons, or operations from specified provisions of the regulations, subject to safety considerations. The authorisation instrument permits employees of a named operator to perform aircraft polishing, considered a form of low-level maintenance, under the supervision of a qualified supervisor. Conditions for this authorisation include the requirement for the supervisor to hold an aircraft maintenance engineer licence or a maintenance authority and to be physically present during the polishing operations. Additionally, the instrument exempts the aircraft polisher from the requirement to certify the completion of maintenance, mandating instead that the qualified supervisor certify the maintenance upon its completion. This instrument, subject to the Legislative Instruments Act, is a legislative instrument and must be tabled and may be disallowed by Parliament. The instrument was developed following consultation with industry and supersedes two earlier instruments, CASA 579/05 and CASA 75/07. It will be in effect until the end of January 2012.

Key Provisions

Regulation 42ZC of the Civil Aviation Regulations 1988 (CAR 1988) stipulates who is eligible to perform maintenance on class A and class B aircraft, with specific authorisations and exemptions in place. Subregulation 42ZC(6) allows the Civil Aviation Safety Authority (CASA) to issue written authorisations for individuals to carry out maintenance on class A and class B aircraft, provided they adhere to any conditions set by CASA. In this instance, CASA has authorised specific employees of a named operator to perform aircraft polishing, which is considered low-level maintenance. This authorisation is contingent on the presence of a qualified supervisor, defined as an individual holding an aircraft maintenance engineer licence or a maintenance authority, who must oversee the polishing operations and offer guidance as required. The maintenance must be performed in accordance with the authorisation conditions, ensuring adherence to safety standards. The obligations imposed by this regulation necessitate proper supervision by a qualified supervisor during the maintenance process. The supervisor must be physically present, offering advice and answering questions from the aircraft polisher. Furthermore, the regulation outlines specific working arrangements for both the polisher and the supervisor, mirroring the conditions set forth in paragraphs 42ZC(3)(b) and 42ZC(4)(b) of CAR 1988. For class A aircraft, both the polisher and supervisor must work for an entity holding a certificate of approval, whereas for class B aircraft, the supervisor must be an independent contractor or employed by an entity with an aircraft maintenance licence or maintenance authority. Additionally, under Schedule 3, only the qualified supervisor is permitted to certify the completion of the aircraft polishing. Any breaches of the conditions set forth in this regulation could result in legal consequences. Regulation 308(4) of CAR 1988 classifies exemptions as disallowable instruments, subject to tabling and disallowance in the Parliament under the Legislative Instruments Act (LIA). Non-compliance with the authorisation conditions or failure to adhere to the specified maintenance procedures could lead to penalties. Although specific penalties are not detailed in the instrument, general aviation regulations provide for fines and potential imprisonment for serious breaches related to aircraft maintenance and certification. These consequences underscore the importance of strict adherence to the authorised procedures and conditions to ensure the safety and compliance of aircraft maintenance activities.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.