Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — non-compliance with certain Supplemental Inspection Document requirements
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988 (CAR 1988) or a provision of the Civil Aviation Orders (the CAOs), in relation to a matter mentioned in that subsection. 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 instrument of exemption provides an exemption for persons maintaining Cessna single engine aircraft from regulation 42V of CAR 1988, and for persons certifying maintenance of single engine aircraft from subregulation 42ZP (1) of CAR 1988. Regulation 42V requires persons maintaining aircraft to do so in accordance with the applicable provisions of the aircraft’s approved maintenance data. Subregulation 42ZP (1) of CAR 1988 states that a person must not certify the completion of maintenance on an aircraft if the maintenance was not carried out in accordance with the approved maintenance data for the aircraft.
Under each regulation, CASA considers that an obligation to comply with Supplemental Inspection Documents (SIDs) exists.
The exemption has been issued to limit the situations in which compliance with that Service Bulletin is required, under regulation 42V or subregulation 42ZP (1), to situations in which a fault is detected in a fastener in the elevator or the airframe has been modified to change the loading of the stabilisers.
The exemption is also stated not to affect the need to comply with Supplemental Inspection Number 55-1 – 01 Horizontal Stabilizer, Elevators and Attachments Inspection.
Legislative Instruments Act
Subsection 98 (5AA) of the Act states that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption applies to a class of aircraft and classes of persons and is accordingly a legislative instrument. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
Formal consultation under section 17 of the LIA has not been undertaken in relation to this particular instrument. It modifies a previous ruling that affected the maintenance of single engine Cessna aircraft. The exemption is intended to require the operator of a single engine Cessna aircraft to carry out a particular inspection of aircraft elevators only if a working or loose fastener in the elevator is detected or there has been an increase in the loading of the stabilisers.
CASA considers that consultation under section 17 is not necessary as the action that it has taken is of a minor or machinery nature in that it does not create any new obligations but clarifies an existing requirement. It has been taken as a result of a representation received from the aviation industry.
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 instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on the day of registration. It expires at the end of May 2018.
[Instrument number CASA EX110/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — non-compliance with certain Supplemental Inspection Document requirements
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 is intended to allow persons carrying out maintenance on Cessna aircraft, or persons with responsibility for certifying the completion of maintenance to do so without complying with Cessna Single Engine Service Bulletin SEB03-1 Elevator Rivet Installation.
The exemption does not create any new obligations or liabilities but clarifies an existing requirement to comply with a document treated as a Supplemental Inspection Document.
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