Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA EX06/26 — Variation of Approved Maintenance Program Instrument 2026
Purpose
CASA EX06/26 — Variation of Approved Maintenance Program Instrument 2026 (the instrument) allows more time for the person responsible for continuing airworthiness for an aircraft (the responsible person) to vary the approved maintenance program (the AMP) for the aircraft because of a change (the relevant change) to the requirements (the relevant requirements) in the instructions for continuing airworthiness for the aircraft, or an aeronautical product fitted to the aircraft, that relate to maintenance that is required by the instructions to be carried out on a regular basis. It does this by granting exemptions from compliance with stated provisions of the Civil Aviation Safety Regulations 1998 (CASR) to the responsible person and registered operator (the registered operator) of the aircraft in relation to the time limit imposed by CASR to vary the AMP (being 90 days after the occurrence of the relevant change). The exemptions are stated to be subject to conditions imposed on the responsible person and operator, requiring the variation of the AMP to be made within 1 year after the occurrence of the relevant change.
Also, under the instrument, directions are issued to the responsible person and registered operator, which apply in the stated circumstances, including that:
(a) the responsible person makes use of the abovementioned exemption, which is granted to the person; and
(b) maintenance relating to the relevant change is required, because of the relevant requirements, to be carried out on the aircraft or an aeronautical product fitted to the aircraft during the period commencing immediately after the abovementioned 90-day period and ending on the day that is 1 year after the occurrence of the relevant change.
The responsible person and registered operator are each directed to ensure that the maintenance is carried out, in accordance with the relevant change.
Also, the instrument recognises there may be circumstances in which it may not be necessary for the AMP to be varied in relation to the relevant change. In the stated circumstances, the instrument grants exemptions from compliance with stated provisions of CASR to the responsible person and registered operator.
The instrument achieves similar policy objectives to those of repealed instrument, CASA EX94/20 — Exemption from Regulation 42.150 of CASR (Time Allowed to Vary Approved Maintenance Program) Instrument 2020 (CASA EX94/20). When compared to CASA EX94/20, the instrument also grants exemptions from compliance with stated provisions of CASR to the registered operator, not only the responsible person. The instrument also issues directions to the responsible person and operator.
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made CASR.
Part 42 of CASR
Part 42 of CASR (Part 42) sets out continuing airworthiness requirements, including requirements for carrying out maintenance, for aircraft and aeronautical products to which the Part applies. Under regulation 42.010 of CASR, subject to Subpart 202.BA of CASR, Part 42 applies to:
(a) a registered aircraft; and
(b) an aeronautical product for a registered aircraft.
The term, registered, in relation to an Australian aircraft, is defined in Part 1 of the CASR Dictionary (the Dictionary).
The meanings of the terms carrying out maintenance on an aircraft and carrying out maintenance on an aeronautical product are given in clause 5 of Part 3 of the Dictionary.
Under section 3 of the Act, aeronautical product means any part or material that is, or is intended by its manufacturer to be, a part of or used in an aircraft, unless excluded by the regulations. Clause 1 of Part 2 of the Dictionary sets out if a part or material that is part of, or used in, an aircraft is excluded.
Under regulation 42.020 of CASR, for subsection 98(5A) of the Act, the Civil Aviation Safety Authority (CASA) may issue a Manual of Standards for Part 42 that specifies matters affecting the maintenance or airworthiness of aircraft. Under paragraph 42.020(2)(j), this includes requirements for a maintenance program. CASA has issued the Part 42 Manual of Standards (the Part 42 MOS).
Subpart 42.C of CASR sets out requirements relating to the continuing airworthiness of an aircraft that apply to the person responsible for continuing airworthiness for the aircraft. Regulation 42.105 sets out the meaning of the term, person responsible for continuing airworthiness for an aircraft.
Under subregulation 42.015(1) of CASR, approved maintenance program, for an aircraft, means a maintenance program for the aircraft that has been approved in accordance with Subpart 42.J of CASR, including any variations to the program that have been approved in accordance with Subpart 42.J.
Regulation 42.140 states that the person responsible for continuing airworthiness for an aircraft that is authorised to operate under an AOC (as defined in section 3 of the Act) or a large aircraft (as defined in clause 1 of Part 3 of the Dictionary) must ensure that there is an AMP for the aircraft before the aircraft is operated for its first flight on or after the responsibility start date for the person and aircraft. The term, responsibility start date is defined in subregulation 42.015(1).
The meaning of the term, instructions for continuing airworthiness, for an aircraft or aeronautical product, is set out in clause 10 of Part 3 of the Dictionary.
Under subregulation 42.030(1) of CASR, the registered operator of an aircraft commits an offence if:
(a) the operator operates the aircraft for a flight, or permits it to be operated for a flight; and
(b) a requirement mentioned in subregulation 42.030(2) is not met for the aircraft before the flight commences.
Under paragraph 42.030(2)(a), one of the requirements is that the operator has ensured that the requirements mentioned in Division 42.C.2 (Continuing airworthiness management tasks) of CASR are met for the aircraft. An offence against subregulation (1) is a strict liability offence, with a maximum penalty of 50 penalty units.
Under Part 1 of the Dictionary, the term, registered operator, of an aircraft, has the meaning given by regulation 47.100 of CASR.
Under subregulation 42.110(1) of CASR, the person responsible for continuing airworthiness for an aircraft must comply with each of regulations 42.115 to 42.165 of CASR in relation to the aircraft. An offence against subregulation (1) in relation to any of the stated regulations is a strict liability offence, with a maximum penalty of 50 penalty units.
Regulation 42.145 states that the person responsible for continuing airworthiness for an aircraft must ensure that maintenance is carried out on the aircraft as required by the maintenance program for the aircraft. Under subregulation 42.015(1), maintenance program, for an aircraft that is authorised to operate under an AOC or a large aircraft, means the AMP for the aircraft.
Regulation 42.150 of CASR applies to the person responsible for continuing airworthiness for an aircraft if:
(a) there is an AMP for the aircraft; and
(b) there is a change to the relevant requirements, in relation to the aircraft or an aeronautical product fitted to the aircraft; and
(c) as a result of the change, the AMP no longer complies with the requirements.
In these circumstances, under subregulation 42.150(2), the person must, within 90 days after the occurrence of the change:
(a) vary the AMP so that it complies with the requirements; and
(b) either:
(i) approve the variation in accordance with Division 42.J.4 of CASR; or
(ii) apply for approval of the variation in accordance with Division 42.J.5 of CASR.
Subsection 2.9.1 of the Part 42 MOS states the requirements to be met for the AMP for an aircraft to comply with the relevant requirements, in relation to the aircraft or an aeronautical product fitted to the aircraft.
Exemptions
Division 11.F.1 of CASR provides for the granting of exemptions from particular provisions of CASR. Subregulation 11.160(1) of CASR provides that, for subsection 98(5A) of the Act, CASA may grant an exemption under the Division from compliance with a provision of CASR in relation to a matter mentioned in that subsection.
Under subregulation 11.160(2), an exemption may be granted to a person or a class of persons and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.160(3), an exemption may be granted on application by a person or on CASA’s own initiative.
Under subregulation 11.170(3) of CASR, in deciding whether to grant an exemption on application by a person, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA has regard to the same criterion when deciding whether to grant an exemption on its own initiative.
Regulation 11.205 of CASR states CASA may impose, on an exemption, any condition necessary in the interests of the safety of air navigation. Under regulation 11.210 of CASR, it is a strict liability offence (with a maximum penalty of 50 penalty units) for a person not to comply with an obligation imposed on the person by a condition of an exemption.
Regulation 11.225 of CASR requires an exemption to be published on the internet. Under subregulation 11.230(1) of CASR, the maximum duration of an exemption is 3 years.
Directions
Subpart 11.G of CASR provides for the issue by CASA of directions in relation to matters affecting the safety of air navigation. Under paragraph 11.245(1)(b) of CASR, CASA may, by instrument, issue a direction about any matter affecting the maintenance of aircraft. Subregulation 11.245(2) of CASR provides that CASA may issue a direction only if CASA is satisfied that it is necessary to do so in the interests of the safety of air navigation, the direction is not inconsistent with the Act, and is for the purposes of CASA’s functions.
Under paragraph 11.250(a) of CASR, a direction ceases to be in force on the day specified in the direction. Under regulation 11.255 of CASR, it is an offence of strict liability (with a maximum penalty of 50 penalty units) for a person to contravene a direction that is applicable to the person.
Overview of the instrument
The 90-day time limit mentioned in regulation 42.150 has been found by operators to be too inflexible. The effect of certain exemptions under the instrument is to extend the time limit to 1 year after the occurrence of the relevant change.
However, if the responsible person makes use of the relevant exemption, and maintenance relating to the relevant change is required to be carried out on the aircraft or an aeronautical product fitted to the aircraft, the responsible person and registered operator of the aircraft are each directed to ensure that the maintenance is carried out, in accordance with the relevant change. This is despite the AMP not yet having been varied to accord with the relevant change and despite regulation 42.145.
Also, other exemptions enable the AMP not to be varied in relation to the relevant change if this can be justified by the responsible person, and CASA is satisfied this will have no adverse effect on the continuing airworthiness of the aircraft.
In granting the exemptions, CASA has regarded as paramount the preservation of at least an acceptable level of aviation safety. Also, in imposing conditions on certain of the exemptions, CASA does so in the interests of the safety of air navigation. Also, in issuing the directions, CASA is satisfied that it is necessary to do so in the interests of the safety of air navigation, the directions are not inconsistent with the Act, and it is for the purposes of CASA’s functions.
Content of the instrument
Section 1 states the name of the instrument.
Section 2 states the duration of the instrument.
Section 3 provides definitions of some terms used in the instrument. Other terms are defined in the Act or regulations.
Section 4 states the circumstances in which the instrument is to apply. The instrument applies if:
(a) there is an AMP for an aircraft; and
(b) there is a relevant change to the relevant requirements, in relation to the aircraft or an aeronautical product fitted to the aircraft; and
(c) as a result of the change, the AMP no longer complies with the requirements.
Section 5 grants an exemption to the responsible person from compliance with regulation 42.110 to the extent that it requires the person to comply with the 90-day time limit, mentioned in subregulation 42.150(2), to carry out the actions (the required actions) mentioned in the subregulation in relation to the relevant change. The exemption is subject to the condition that the person must carry out the required actions within 1 year after the occurrence of the relevant change.
Also, section 5 grants an exemption to the registered operator from compliance with subregulation 42.030(1) and paragraph 42.030(2)(a) to the extent that the provisions require the operator to ensure that the responsible person complies with the 90-day time limit, mentioned in subregulation 42.150(2), to carry out the required actions in relation to the relevant change. The exemption is subject to the condition that the operator must ensure that the responsible person carries out the required actions within 1 year after the occurrence of the relevant change.
Section 6 applies if:
(a) the responsible person makes use of the exemption under subsection 5(1); and
(b) the person has not carried out the required actions in relation to the relevant change; and
(c) the period mentioned in subsection 5(4), in which the person must carry out the required actions, has not ended; and
(d) maintenance relating to the change is required, because of the relevant requirements in relation to the aircraft or an aeronautical product fitted to the aircraft, to be carried out on the aircraft or aeronautical product.
Under the section, the responsible person and registered operator are each directed to ensure that the maintenance is carried out, in accordance with the relevant change.
Section 7 applies if:
(a) the non-compliance by the AMP with the relevant requirements in relation to the aircraft or an aeronautical product fitted to the aircraft, as a result of the relevant change, is supported by technical justification given by the responsible person to CASA; and
(b) CASA gives written notice to the person that it is satisfied the non-compliance will have no adverse effect on the continuing airworthiness of the aircraft.
The section grants the responsible person an exemption from compliance with regulation 42.110 to the extent that it requires the person to comply with subregulation 42.150(2) in relation to the relevant change. Also, the section grants the registered operator an exemption from compliance with subregulation 42.030(1) and paragraph 42.030(2)(a) to the extent that the provisions require the operator to ensure that the responsible person complies with subregulation 42.150(2) in relation to the relevant change.
Legislation Act 2003 (the LA)
Paragraph 98(5A)(a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft. Also, paragraph 98(5AA)(a) provides that an instrument issued under paragraph 98(5A)(a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons. The instrument exempts classes of persons from complying with stated provisions of CASR. Also, the instrument issues directions to the same classes of persons. The classes of persons are as follows:
(a) persons responsible for continuing airworthiness for aircraft;
(b) registered operators of aircraft.
The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Sunsetting
As the instrument relates to aviation safety and is made under CASR, Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument (in accordance with item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). However, the instrument is repealed at the end of 30 April 2029, which will occur before the sunsetting provisions would have repealed the instrument, if the provisions had applied. Any renewal of the instrument will be subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA. Therefore, the exemption from sunsetting does not affect parliamentary oversight of the instrument.
Consultation
Consultation under section 17 of the LA has not been undertaken in relation to the instrument.
The instrument continues the effect of CASA EX94/20, albeit in a different way.
Before CASA EX94/20 was made, CASA undertook informal consultations in relation to that proposed instrument with a few operators who either had sought exemption from the 90-day requirement stated in regulation 42.150 in relation to the variation of the AMP for their aircraft or had sought changes to the regulation because of the problems associated with its operation in practice. The purpose of the consultation was to ensure that the underlying policy of that instrument was practical and efficient in resolving the issues associated with the regulation. Feedback from these operators demonstrated support for the policy.
Since the repeal of CASA EX94/20, CASA has received representations from operators about the need for the reissue of CASA EX94/20.
In these circumstances, CASA is satisfied that no further consultation is appropriate, or reasonably practicable, for the instrument for section 17 of the LA.
Sector risk, economic and cost impact
Subsection 9A(3) of the Act states that subject to regarding the safety of air navigation as the most important consideration, in developing and promulgating aviation safety standards under paragraph 9(1)(c) of the Act, CASA must:
(a) consider the economic and cost impact on individuals, businesses and the community of the standards; and
(b) take into account the differing risks associated with different industry sectors.
The cost impact of a standard refers to the direct cost (in the sense of price or expense) that a standard would cause individuals, businesses and the community to incur. The economic impact of a standard refers to the impact a standard would have on the production, distribution and use of wealth across the economy, at the level of the individual, relevant businesses in the aviation sector, and the community more broadly. The economic impact of a standard could also include the general financial impact of that standard on different industry sectors.
As the instrument replaces CASA EX94/20 with an instrument that achieves similar policy objectives as those of CASA EX94/20, there will be no change to the economic or cost impact on individuals, businesses or the community by the instrument. The exemptions under the instrument alleviate the administrative burden placed on the responsible person and registered operator in relation to varying the AMP for the relevant aircraft because of the relevant change to the relevant requirements, in relation to the aircraft or an aeronautical product fitted to the aircraft. However, the issue of the directions under the instrument ensures that aviation safety is not compromised.
Impact on categories of operations
The exemptions under the instrument will mainly benefit the operators of aircraft used in Australian air transport operations (within the meaning of the term, Australian air transport operation under regulation 119.010 of CASR).
Impact on regional and remote communities
The instrument does not have an impact that is specific to regional and remote communities.
Office of Impact Analysis (OIA)
An Impact Analysis (an IA) is not required for the instrument as the exemptions and directions are covered by a standing agreement between CASA and OIA, under which an IA is not required for exemptions and directions (OIA reference number: OIA23‑06252).
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and is compatible with human rights, as it does not raise any human rights issues.
Making and commencement
The instrument has been made by a delegate of CASA, relying on the power of delegation under subregulation 11.260(1) of CASR.
The instrument commences on the day after it is registered and is repealed at the end of 30 April 2029.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA EX06/26 — Variation of Approved Maintenance Program Instrument 2026
The legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
CASA EX06/26 — Variation of Approved Maintenance Program Instrument 2026 (the instrument) allows more time for the person responsible for continuing airworthiness for an aircraft (the responsible person) to vary the approved maintenance program (the AMP) for the aircraft because of a change (the relevant change) to the requirements (the relevant requirements) in the instructions for continuing airworthiness for the aircraft, or an aeronautical product fitted to the aircraft, that relate to maintenance that is required by the instructions to be carried out on a regular basis. It does this by granting exemptions from compliance with stated provisions of the Civil Aviation Safety Regulations 1998 (CASR) to the responsible person and registered operator (the registered operator) of the aircraft in relation to the time limit imposed by CASR to vary the AMP (being 90 days after the occurrence of the relevant change). The exemptions are stated to be subject to conditions imposed on the responsible person and operator, requiring the variation of the AMP to be made within 1 year after the occurrence of the relevant change.
Also, under the instrument, directions are issued to the responsible person and registered operator, which apply in the stated circumstances, including that:
(a) the responsible person makes use of the abovementioned exemption, which is granted to the person; and
(b) maintenance relating to the relevant change is required, because of the relevant requirements, to be carried out on the aircraft or an aeronautical product fitted to the aircraft during the period commencing immediately after the abovementioned 90-day period and ending on the day that is 1 year after the occurrence of the relevant change.
The responsible person and registered operator are each directed to ensure that the maintenance is carried out, in accordance with the relevant change.
Also, the instrument recognises there may be circumstances in which it may not be necessary for the AMP to be varied in relation to the relevant change. In the stated circumstances, the instrument grants exemptions from compliance with stated provisions of CASR to the responsible person and registered operator.
The instrument achieves similar policy objectives to those of repealed instrument, CASA EX94/20 — Exemption from Regulation 42.150 of CASR (Time Allowed to Vary Approved Maintenance Program) Instrument 2020 (CASA EX94/20). When compared to CASA EX94/20, the instrument also grants exemptions from compliance with stated provisions of CASR to the registered operator, not only the responsible person. The instrument also issues directions to the responsible person and operator.
Human rights implications
The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority