CASA 75/07 - Authorisation - to carry out maintenance on class A or class B aircraft - Exemption - to certify maintenance on class A or class B aircraft

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2007L00484 Not in force Legislative Instrument

Legislation content

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]

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, addresses various regulatory aspects related to civil aviation in Australia, including the safety of air navigation and maintenance of aircraft. This Act provides the legal framework for the Civil Aviation Authority of Australia (CASA) to issue regulations and exemptions that ensure the safe operation of aircraft within Australian territory. The policy objective of the Act is to maintain the highest standards of safety in the aviation industry. As part of its regulatory function, CASA can authorise specific individuals or entities to perform maintenance tasks on aircraft, such as polishing, which is considered low-level maintenance. This authorisation is subject to certain conditions that mandate proper supervision and certification of the maintenance work, ensuring it adheres to safety standards. Furthermore, the Act allows for exemptions from specific regulatory requirements, provided such exemptions do not compromise safety, and these exemptions are also subject to conditions designed to safeguard the integrity of the maintenance process. The legislative instrument issued under this Act is considered a legislative instrument under the Legislative Instruments Act, and thus, it must be tabled and may be subject to disallowance in the Parliament.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) govern the maintenance of aircraft in Australia, specifying who can perform and certify maintenance on class A and class B aircraft. Class A aircraft are those type certified in the transport category or used for commercial purposes, while class B aircraft include all others. Regulation 42ZC of CAR 1988 sets out who can carry out maintenance on these aircraft, with subregulation 42ZC(6) allowing the Civil Aviation Safety Authority (CASA) to authorise specific individuals for such tasks. This regulation particularly pertains to aircraft polishing, which is considered low-level maintenance. The instrument in question authorises certain individuals employed by named operators to carry out aircraft polishing, subject to conditions ensuring proper supervision by a qualified supervisor, defined as someone holding an aircraft maintenance engineer licence or a maintenance authority. Additionally, the instrument exempts the aircraft polisher from certain certification requirements, stipulating that the qualified supervisor must certify the completion of the maintenance instead. This exemption is subject to the interests of safety and is a legislative instrument under the Legislative Instruments Act, requiring tabling and disallowance in Parliament. The instrument was developed following industry consultation and is effective until the end of February 2009.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) under the Civil Aviation Act 1988 include provisions that govern who can perform and certify maintenance on class A and class B aircraft. Regulation 42ZC outlines the criteria for maintenance, distinguishing between class A aircraft, which are either type certified in the transport category or used for commercial purposes, and class B aircraft, which are all other aircraft. Subregulation 42ZC(6) allows the Civil Aviation Safety Authority (CASA) to authorize specific persons to carry out maintenance on these aircraft, subject to certain conditions. The instrument in question authorises persons employed by two named operators to perform aircraft polishing, a form of low-level maintenance. The obligations imposed by this instrument include the requirement for authorised persons to carry out maintenance in accordance with the terms of their authorisation. For class A aircraft, both the aircraft polisher and the qualified supervisor must work for a person holding a certificate of approval. For class B aircraft, the supervisor must be an independent contractor or employed by a person holding an aircraft maintenance licence or maintenance authority. Furthermore, the instrument mandates that a qualified supervisor, who must hold an aircraft maintenance engineer licence or a maintenance authority, be present to supervise the polishing operations and provide necessary guidance and answers to the polisher. There are significant consequences for non-compliance with the provisions of this instrument. Firstly, any person who carries out maintenance without the required authorisation or in violation of the conditions of their authorisation could be subject to enforcement action. Additionally, the instrument exempts the aircraft polisher from certain compliance requirements under CAR 1988, specifically paragraph 42ZE(1)(b), which mandates that the person performing maintenance must certify its completion unless supervised by an aircraft maintenance engineer. Instead, the qualified supervisor is required to certify the completion of the maintenance. This instrument, being a legislative instrument, is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act. The instrument has been developed following consultation with the industry and is designed to ensure that aircraft polishing is carried out safely and in compliance with regulatory standards. It is effective from the day after registration and will cease to have effect at the end of February 2009.

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Administrative Law
Aviation Law
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Regulation
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Regulatory Standards
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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.