Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — recognition of EASA type certification
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
Paragraph 21.029A (a) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that a foreign type certificate or equivalent document issued by the national aviation authority (the NAA) of a recognised country must be in force for an aircraft before CASA must issue a type acceptance certificate for that aircraft.
Subregulation 21.029B (1) of the Civil Aviation Regulations 1988 (CAR 1988) provides that CASA may issue a type acceptance certificate under regulation 21.029A subject to a condition that is substantially the same as a condition imposed by the NAA of a recognised country on the corresponding type certificate.
Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations, including CAR 1988. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
The exemption allows CASA to issue a type acceptance certificate to a person who does not hold a type certificate issued by the NAA of a recognised country. Countries that are recognised countries are set out in regulation 21.012 of CASR 1998.
The purpose of the exemption is to allow CASA to issue type acceptance certificates for aircraft for which type certificates have been issued by the European Aviation Safety Agency (EASA) in respect of aircraft which have not been manufactured in a recognised country. EASA is the body with responsibility for controlling aviation safety in European member countries. It has the power to issue type certificates in respect of aircraft that originate in countries that are not recognised countries.
CASA considers that EASA type certificates should be treated as if they were issued by a recognised country. The exemption will remain in force until a proposed amendment of CASR 1998, regulation 21.010A, which has been prepared for the same purpose, comes into effect or the end of January 2015, whichever happens first.
The exemption is subject to conditions to ensure that the issue of type acceptance certificates under the exemption is properly regulated. An applicant must provide CASA with all the particulars required by paragraph 21.029A (b) of CASR 1998, as if a reference in paragraph 21.029A (b) to a recognised country were a reference to EASA.
Also, a type acceptance certificate issued to an applicant under this exemption is subject to suspension or cancellation under regulation 21.051 of CASR 1998 as if it were a type acceptance certificate issued to the holder of a type certificate issued by the NAA of a recognised country.
The exemption provides that CASA may issue a type acceptance certificate subject to whatever conditions it considers necessary, subject to consultation with the applicant, the manufacturer of the aircraft and EASA.
These conditions ensure that the issue of type acceptance certificates under the exemption is controlled, as closely as possible, as if they were issued in respect of type certificates issued by the NAA of a recognised country.
Legislative Instruments Act
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the Regulations. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. The exemption applies to a class of persons, being persons applying for a type acceptance certificate. The exemption is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003.
Consultation
Consultation has taken place as follows. Regulation 21.010A had been prepared for inclusion in CASR 1998 after consultation with the aviation industry on the recognition of EASA type certificates. Consultation followed publication of a Notice of Proposed Amendment. The comments received were generally in favour of the proposed amendment.
At present there are several applications for type acceptance certificates based on EASA type certificates. The exemption has been prepared following requests from the industry to process these applications while waiting for the introduction of regulation 21.010A.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Making and commencement
The exemption has been made by the Director of Aviation Safety, on behalf of CASA, under subsection 73 (2) of the Act.
The instrument commences on the day after registration. It expires at the end of 31 January 2015 or the commencement of regulation 21.010A of CASR 1998, whichever happens first, as if it had been repealed by another instrument.
[Instrument number CASA EX09/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — recognition of EASA type certification
This 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
The legislative instrument allows CASA to issue type acceptance certificates to the holders of EASA type certificates, without compliance with the requirements prescribed by paragraph 21.029A (b) and subregulation 21.029B (1) of the Civil Aviation Safety Regulations 1998.
The exemption is subject to conditions imposed by CASA in the interests of air navigation safety.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority