Explanatory Statement
Civil Aviation Act 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 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 2 named operators 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.
Exemption under subregulation 308 (1)
Subsection 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 the industry following the issue and revocation of an earlier instrument, CASA 579/05, 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 February 2009.
The instrument has been made by the Deputy Chief Executive Officer, Operations, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 75/07]