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]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to ensure the safety and regulation of civil aviation in Australia. This legislative framework, established under the Civil Aviation Act 1988, empowers the Governor-General to create regulations that govern various aspects of civil aviation, including maintenance requirements for aircraft. The specific problem or gap this legislation addresses involves the need for a streamlined and efficient process for issuing maintenance releases, ensuring that all maintenance activities comply with regulatory standards. The instrument in question, F2007L00162, provides an exemption from certain requirements for maintenance releases issued by Hawker Pacific Pty Ltd, facilitating the certification process while maintaining safety standards. The instrument, issued by a delegate of the Civil Aviation Safety Authority (CASA) under the authority granted by regulation 7 of CAR 1988, comes into effect post-registration and remains in force until 31 December 2009. Although consultation under the Legislative Instruments Act 2003 was not undertaken in this instance, the exemption is considered beneficial to the industry.
Scope and Application
The Civil Aviation Regulations 1988 (CAR 1988) govern the certification and maintenance of aircraft within Australia, with specific regulations around the issuance of maintenance releases. This particular instrument exempts a maintenance release issued by Hawker Pacific Pty Ltd from certain requirements of subregulation 43(7) of CAR 1988, provided that the certification for the completion of maintenance is entered into the aircraft log book within three working days of final certification and is made by an authorised person of Hawker Pacific Pty Ltd. This exemption applies solely to Hawker Pacific Pty Ltd and any other operator who complies with the stated conditions. The instrument applies within Australian territory and to Australian aircraft. It is noteworthy that this exemption is a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance in the Parliament. Although consultation under section 17 of the Legislative Instruments Act has not been undertaken in this instance, the exemption is intended to benefit the aviation industry. The instrument was issued by a delegate of the Civil Aviation Safety Authority (CASA) and took effect upon registration, remaining in force until 31 December 2009.
Key Provisions
The key operative sections of this legislation provide that a maintenance release for an aircraft may be issued, with certain conditions, by Hawker Pacific Pty Ltd under an exemption from the Civil Aviation Regulations 1988 (CAR 1988). Specifically, Section 98 of the Civil Aviation Act 1988 allows for the making of regulations, and under paragraph 43 (7) (a) of CAR 1988, a maintenance release may be issued for an aircraft if all required maintenance has been certified. Regulation 42ZE requires that maintenance on an Australian aircraft in Australian territory must be certified in accordance with an approved system of certification, or the Civil Aviation Safety Authority (CASA) system of certification if no approved system is available. Schedule 6 of CAR 1988 mandates that final certification for the completion of maintenance must be made in the aircraft log book or an approved alternative maintenance record. This exemption allows for a maintenance release by Hawker Pacific Pty Ltd provided the certification for completion of any maintenance is made in the aircraft log book within three working days of final certification, and the entry in the log book must be made by a person authorised by Hawker Pacific Pty Ltd.
The Act imposes specific obligations on Hawker Pacific Pty Ltd and any aircraft operators who meet the exemption criteria. Hawker Pacific Pty Ltd must ensure that any maintenance release issued under the exemption complies with the conditions specified, including timely certification in the aircraft log book by an authorised person. Aircraft operators who wish to benefit from the exemption must also adhere to the same certification requirements within the specified timeframe, ensuring that the aircraft log book is updated accurately and promptly. The Act also requires that any such maintenance release must be issued in accordance with the regulations and any other relevant requirements of CAR 1988.
Breach of the conditions specified in the exemption may lead to civil or criminal consequences. Under the Civil Aviation Act 1988 and CAR 1988, failure to comply with the certification and record-keeping requirements can result in enforcement actions by CASA. This may include fines, suspension or revocation of the maintenance release, and other regulatory penalties. The specific penalties for breaches of aviation regulations can vary, but they can include substantial fines and potential criminal charges in cases of serious non-compliance. The maximum penalties for aviation-related offences are detailed in the Civil Aviation Act 1988 and related regulations, with fines potentially reaching up to thousands of Australian dollars depending on the severity of the breach.