Explanatory Statement
Civil Aviation Regulations 1988
Exemption — maintenance release
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Paragraph 43 (7) (a) of the Civil Aviation Regulations 1988 (CAR 1988) provides that a maintenance release may be issued in respect of an aircraft, only if all maintenance in respect of the aircraft required to be carried out to comply with any requirement or condition imposed under the regulations, has been certified in accordance with regulation 42ZE or 42ZN.
Regulation 42ZE provides that a person who carries out maintenance on an Australian aircraft in Australian territory must ensure that completion is certified in accordance with an approved system of certification, or if the person does not have an approved system, then the CASA system of certification applies.
Schedule 6 of CAR 1988, provides that final certification for the completion of maintenance on an aircraft must be made in the aircraft log book or approved alternative maintenance record.
The instrument exempts a maintenance release issued for an aircraft by Hawker Pacific Pty Ltd from the requirements of subregulation 43 (7) of CAR 1988. The conditions are that the certification for completion of any maintenance must be made in the aircraft log book within three working days of the final certification, and the entry in the log book must be made by a person authorised by Hawker Pacific Pty Ltd.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Under subregulation 308 (4) of CAR 1988, an exemption is declared to be a disallowable instrument. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument has been requested by Hawker Pacific Pty Ltd, and any operator who meets all the requirements will be issued with a similar exemption. It is beneficial to industry.
The instrument has been issued by a delegate of CASA appointed under regulation 7 of CAR 1988.
The instrument comes into effect on the day after it is registered. It stops having effect at the end of 31 December 2009.
[Instrument number CASA EX01/07]