Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA EX11/26 — Part 145 Exposition (CAR Maintenance Activities) Exemption 2026
Purpose
CASA EX11/26 — Part 145 Exposition (CAR Maintenance Activities) Exemption 2026 (the instrument) applies to a person:
(a) who has applied to the Civil Aviation Safety Authority (CASA), under regulation 145.025 of the Civil Aviation Safety Regulations 1998 (CASR), for approval as a Part 145 organisation to provide maintenance services for aircraft and aeronautical products; and
(b) whose application covers the undertaking of CAR maintenance activities; and
(c) who has an exposition that CASA is satisfied complies with the requirements specified in the Part 145 — Approved Maintenance Organisation (AMO) Technical Assessor Handbook (the Part 145 Assessor Handbook) relating to CAR maintenance activities.
The purpose of the instrument is to exempt the person from compliance with certain provisions of CASR to the extent that they require the person to have an exposition that complies with the requirements specified in the Part 145 Manual of Standards (the Part 145 MOS) relating to CAR maintenance activities.
The instrument allows a Part 145 organisation to undertake CAR maintenance activities without the need to hold a certificate of approval (a CAR 30 certificate) issued under regulation 30 of the Civil Aviation Regulations 1988 (CAR).
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 and CAR.
Part 42 of CASR sets out continuing airworthiness requirements, including requirements for carrying out maintenance, for aircraft and aeronautical products to which Part 42 applies. Regulation 202.180 provides that Part 42 applies to registered aeroplanes that are used to conduct scheduled air transport operations. It also applies to some other aircraft if the registered operator has elected that Part 42 is to apply to the aircraft. Under regulation 42.295 of CASR, a Part 145 organisation is permitted to carry out maintenance on an Australian aircraft to which Part 42 applies and that is of a kind for which the organisation is approved to provide maintenance services.
Part 145 organisation is defined in Part 1 of the CASR Dictionary as meaning a person who holds an approval issued under regulation 145.030 of CASR that is in force.
Subregulation 145.025(1) of CASR provides that a person may apply to CASA for approval as a Part 145 organisation. Subregulation 145.030(1) provides that, subject to regulation 11.055 of CASR, CASA must approve the applicant as a Part 145 organisation if CASA is satisfied, amongst other matters, that the applicant has an exposition that complies with the requirements specified in the Part 145 MOS.
Part 145 Manual of Standards is defined in Part 3 of the CASR Dictionary as meaning the Manual of Standards issued by CASA under regulation 145.015 of CASR.
As far as is relevant, subregulation 145.010(1) of CASR defines exposition, for a Part 145 organisation, as meaning the document that is approved by CASA under regulation 145.030 in relation to the organisation. A Part 145 organisation’s exposition generally includes information about the organisation, and its personnel, facilities, policies, systems and procedures for providing maintenance services.
Part 3 of the CASR Dictionary defines CAR maintenance activities as meaning the following activities conducted under Part 4A of CAR:
- carrying out maintenance on a registered aircraft to which Part 42 of CASR does not apply, or on an aircraft component or aircraft material for an aircraft of that kind
- certifying the completion of maintenance carried out on an aircraft or aircraft component
- issuing a maintenance release for an aircraft
- endorsing a maintenance release for an aircraft
- issuing an authorised release certificate for an aircraft component.
For the above activities, for aircraft to which Part 42 of CASR does not apply, a CAR 30 certificate is required.
Part 3 of the CASR Dictionary defines maintenance services as meaning the following:
- carrying out maintenance on an aircraft or an aeronautical product
- performing maintenance certification for maintenance carried out on an aircraft
- issuing a certificate of release to service for an aircraft or aeronautical product in relation to maintenance carried out on the aircraft or aeronautical product.
Subregulation 202.805(1) of CASR provides that an application under regulation 145.025 may cover the undertaking of CAR maintenance activities. Subregulation 202.806(1) of CASR provides that if the application covers the undertaking of CAR maintenance activities, CASA must approve the applicant as a Part 145 organisation only if CASA is satisfied, amongst other matters, that the applicant has an exposition that complies with the requirements specified in the Part 145 MOS relating to CAR maintenance activities.
Exemptions
Subpart 11.F of CASR provides for the granting of exemptions from particular provisions of the regulations. Subregulation 11.160(1) of CASR provides that, for subsection 98(5A) of the Act, CASA may grant an exemption from compliance with a provision of CASR.
Under subregulation 11.160(2) of CASR, 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) of CASR, an exemption may be granted on application by a person or on CASA’s own initiative.
Under subregulation 11.175(4) of CASR, in deciding whether to renew an exemption, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA has regard to the same test when deciding whether to renew an exemption on its own initiative.
Regulation 11.225 of CASR requires an exemption to be published on the internet. Under subregulation 11.230(1), the maximum duration of an exemption is 3 years.
Under subsection 14(1) of the Legislation Act 2003 (the LA), a legislative instrument may make provision in relation to matters by applying, adopting or incorporating provisions of an Act or disallowable legislative instrument as in force at a particular time or as in force from time to time. A legislative instrument may also make provision in relation to matters by applying, adopting or incorporating any matter contained in any other instrument or writing as in force at, or before, the time the legislative instrument commences. Under subsection 14(2) of the LA, unless the contrary intention appears, the legislative instrument may not make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time. However, subsection 98(5D) of the Act provides that, despite section 14 of the LA, a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.
Background
A Part 145 organisation providing maintenance services under CAR is required to hold a CAR 30 certificate. However, some operators have aircraft that are regulated under both CAR and CASR, and in these cases it is beneficial to permit a Part 145 organisation to maintain both kinds of aircraft, rather than requiring the Part 145 organisation to also hold a CAR 30 certificate.
A Part 145 organisation is an approved maintenance organisation as defined in Part 1 of the CASR Dictionary. A Part 145 organisation is also sometimes referred to as a “Part 145 approved maintenance organisation” or a “Part 145 AMO”.
An approval as a Part 145 organisation in the past did not include an approval to carry out CAR maintenance activities. Under subregulations 42ZC(3) and (4) of CAR, to conduct such maintenance, the Part 145 organisation was required to also hold a CAR 30 certificate. Because of this, CASA was asked by the aviation industry to remove what is perceived to be an onerous dual-certificate obligation.
Under regulation 341 of CAR, which was made by the Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013, CASA introduced the ability for a Part 145 organisation to be approved to carry out CAR maintenance activities. Under paragraph 202.806(1)(a) of CASR, if an application under regulation 145.025 covers the undertaking of CAR maintenance activities, the applicant must, amongst other matters, satisfy CASA that the applicant has an exposition that complies with the requirements specified in the Part 145 MOS relating to CAR maintenance activities.
However, the Part 145 MOS has not yet been amended to specify the exposition requirements relating to CAR maintenance activities. Instrument number CASA EX56/15, Exemption — from compliance with Part 145 Manual of Standards requirements for Part 145 organisations undertaking CAR maintenance activities (CASA EX56/15), exempted a relevant applicant for approval as a Part 145 organisation from satisfying CASA about the matter mentioned in paragraph 202.806(1)(a). That exemption was subject to the condition that the applicant must satisfy CASA that the applicant has met the requirements of Temporary Management Instruction — TMI 2015-002 (the TMI), issued by CASA on 23 March 2015. The TMI expired in March 2017 and CASA EX56/15 was repealed at the end of April 2017. The relevant requirements that were in the TMI are now published in Appendix 2 of the Part 145 Assessor Handbook.
CASA EX56/15 did not include an exemption from compliance with paragraph 145.030(1)(a). However, CASA now considers that such an exemption is appropriate, to the extent that the applicant must have an exposition that complies with the requirements specified in the Part 145 MOS relating to CAR maintenance activities.
CASA made CASA EX41/20 — Part 145 Exposition (CAR Maintenance Activities) Exemption 2020 (CASA EX41/20), which renewed the exemption in CASA EX56/15 and granted the additional exemption from compliance with paragraph 145.030(1)(a).
CASA made CASA EX30/23 — Part 145 Exposition (CAR Maintenance Activities) Exemption 2023 (CASA EX30/23), which renewed the exemption in CASA EX41/20.
The instrument renews the exemptions in CASA EX30/23. In doing so, CASA regarded as paramount the preservation of at least an acceptable level of aviation safety.
One of the objectives of CASA’s current regulatory reform program is to move all aircraft continuing airworthiness and maintenance requirements out of CAR and into CASR. Once that occurs, it would remove further need for this exemption by removing the notion of CAR maintenance activities.
Overview of instrument
The instrument exempts a person from compliance with certain provisions of CASR if the person’s exposition complies with the requirements specified in the Part 145 Assessor Handbook, instead of the Part 145 MOS, relating to CAR maintenance activities.
The instrument allows a Part 145 organisation to undertake CAR maintenance activities without the need to hold a CAR 30 certificate.
Content of instrument
Section 1 names the instrument.
Section 2 states the duration of the instrument.
Section 3 contains a definition of the term Part 145 Assessor Handbook.
In accordance with subsection 98(5D) of the Act, the Part 145 Assessor Handbook, as it exists from time to time, is incorporated into the instrument by reference. The Part 145 Assessor Handbook is a CASA-published document that is used by CASA to determine if an applicant, under regulation 145.025, meets the requirements for approval as a Part 145 organisation. The Part 145 Assessor Handbook is freely available on the CASA website by searching for the title, “Part 145 Technical Assessor Handbook”. At the commencement of the instrument, the handbook could be accessed at <https://www.casa.gov.au/sites/default/files/2021-12/part-145-approved-maintenance-organisation-technical-assessor-handbook.pdf>.
Section 4 states who the instrument applies to. It applies to a person:
(a) who has applied to CASA, under regulation 145.025, for approval as a Part 145 organisation; and
(b) whose application covers the undertaking of CAR maintenance activities; and
(c) who has an exposition that CASA is satisfied complies with the requirements specified in the Part 145 Assessor Handbook relating to CAR maintenance activities.
A note under section 4 points readers to the parts of the current Part 145 Assessors Handbook that specify the requirements that relate to CAR maintenance activities.
Section 5 provides that the applicant is exempt from compliance with:
(a) paragraph 145.030(1)(a) to the extent that the applicant must have an exposition that complies with the requirements specified in the Part 145 MOS relating to CAR maintenance activities; and
(b) paragraph 202.806(1)(a).
Legislation Act 2003
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. Additionally, paragraph 98(5AA)(a) of the Act 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 applies in relation to a class of persons, being certain applicants for approval as a Part 145 organisation. 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 (as per item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). However, this instrument will be repealed at the end of 28 February 2029, which will occur before the sunsetting provisions would have repealed the instrument if they 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 this instrument.
Consultation
CASA EX56/15 and CASA EX41/20 were issued at the request of the aviation industry and were beneficial to that industry. CASA EX30/23 was beneficial to that industry.
CASA has commenced a project to amend CASR to resolve the issue addressed by the instrument. CASA is reviewing Part 145 of CASR while working to complete the transition of the maintenance regulations from CAR to CASR. As part of this project, CASA is working with industry to develop both the proposed regulation amendments and, if required, the CAR maintenance activities’ requirements to be specified in the Part 145 MOS.
CASA is satisfied that no further consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.
Sector risk, economic and cost impact
Subsection 9A(1) of the Act states that, in exercising its powers and performing its functions, CASA must regard the safety of air navigation as the most important consideration. Subsection 9A(3) of the Act states that, subject to subsection (1), in developing and promulgating aviation safety standards under paragraph 9(1)(c), 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) which 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 an expiring instrument with the same provisions and conditions, there will be no change of economic or cost impact on individuals, businesses or the community.
Impact on categories of operations
The instrument is likely to have a beneficial effect on applicants for approval as a Part 145 organisation that wish to undertake CAR maintenance activities. It is also likely to have a consequent benefit on the operators of aircraft to which they provide maintenance services.
Impact on regional and remote communities
The instrument does not have any specific impact on regional and remote communities. However, it is likely to have a beneficial impact on regional and remote communities to the extent that Part 145 organisations are located in those communities and aircraft operators, to which they provide maintenance services, operate in those communities.
Office of Impact Analysis (OIA)
An Impact Analysis (IA) is not required in this case, as the exemption is covered by a standing agreement between CASA and OIA under which an IA is not required for exemptions (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.
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 1 March 2026 and is repealed at the end of 28 February 2029.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA EX11/26 — Part 145 Exposition (CAR Maintenance Activities) Exemption 2026
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 applies to a person:
(a) who has applied to the Civil Aviation Safety Authority (CASA) for approval as a Part 145 organisation to provide maintenance services for aircraft and aeronautical products; and
(b) whose application covers the undertaking of CAR maintenance activities; and
(c) who has an exposition that CASA is satisfied complies with the requirements specified in the Part 145 — Approved Maintenance Organisation (AMO) Technical Assessor Handbook, published by CASA, relating to CAR maintenance activities.
The purpose of the instrument is to exempt the person from compliance with certain provisions of the Civil Aviation Safety Regulations 1998 (CASR) to the extent that they require the person to have an exposition that complies with the requirements specified in the Part 145 Manual of Standards relating to CAR maintenance activities. The term CAR maintenance activities is defined in Part 3 of the CASR Dictionary.
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