CASA EX115/15 - Authorisation - to carry out maintenance on manned free balloons - Exemption - to allow supervision of maintenance on manned free balloons

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L01149 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Regulations 1988

Civil Aviation Safety Regulations 1998

Authorisation — to carry out maintenance on manned free balloons

Exemption —relating to supervision of maintenance on manned free balloons

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) enables the Governor-General to make regulations for the Act and the safety of air navigation.

 

Regulation 42ZC of the Civil Aviation Regulations 1988 (CAR 1988) describes who can perform maintenance on an Australian aircraft in Australian territory.

 

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 these Regulations (including 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) of CASR 1998, 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) of CASR 1998, 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.

 

Background

Regulation 42ZC of CAR 1988, which deals with the maintenance of Australian aircraft in Australian territory, operates by reference to Class A and Class B aircraft. Class A aircraft are either type certified in the transport category or used for commercial purposes as specified in paragraph 206 (1) (c) of CAR 1988. Class B aircraft are all aircraft that are not Class A aircraft. Manned free balloons are Class B aircraft.

 

Under paragraph 42ZC (4) (e) of CAR 1988, a person may carry out maintenance on a Class B aircraft if authorised under subregulation 42ZC (6) to do so. This instrument authorises a person to carry out maintenance on a manned free balloon under the supervision of a person referred to in clause 1 of Schedule 1. The person supervising must be a person who is, or is the employee of, the holder of a certificate of approval under regulation 30 of CAR 1988, and holds a maintenance authority for that class of balloon, and is permitted by paragraph 42ZC (4) (e) of CAR 1988 to carry out the maintenance.

 

The balloon must be operated under a standard certificate of airworthiness or an experimental certificate.

 

Exemption under subregulation11.160 (1)

Section 4 of the instrument exempts the holder of a maintenance authority providing supervision from compliance with subregulation 33B (4) of CAR 1988. Subregulation 33B (4) states that the holder must not contravene a condition to which the authority is subject. Maintenance authorities may be subject to a condition that prohibits the holder from supervising maintenance work. This exemption allows the holder of an authority to supervise maintenance under the instrument if they meet the conditions in clause 1 of Schedule 2.

 

Legislative Instruments Act 2003 (the LIA)

For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or the Civil Aviation Orders. 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. This exemption applies to a class of persons consisting of persons who carry out maintenance on manned free balloons and the holders of a maintenance authority. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Under subsection 5 (4) of the LIA where only some provisions of an instrument are of a legislative character, the whole instrument is a legislative instrument. The authorisation and exemption instrument is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

The instrument has been prepared on the basis of representations received from the section of the aviation industry concerned with the maintenance of manned free balloons. At present, the maintenance of those balloons has to be carried out under a maintenance authority issued by CASA. Holders of a maintenance authority cannot supervise maintenance carried out by skilled but unlicensed persons. Supervision of such persons has to be carried out by licensed aircraft maintenance engineers. CASA has considered the representations and decided to issue the authorisation and exemption as a mechanism to allow on-the-job training, and maintenance of the balloons to be carried out under the supervision of the holders of maintenance authorities, subject to compliance with appropriate conditions.

No further consultation was considered necessary. The instrument was requested by a section of the aviation industry to facilitate the supervision of maintenance of manned free balloons. The instrument is similar to an exemption and authorisation (CASA EX75/15) recently issued for the maintenance of ex-military, and historic and replica aircraft, which are subject to special operating rules.

 

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 instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required for subordinate instruments of this kind (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 exemption commences on the day of registration and expires at the end of June 2018, as if it had been repealed.

 

[Instrument number CASA EX115/15]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Authorisation — to carry out maintenance on manned free balloons

Exemption — relating to supervision of maintenance on manned free balloons

 

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 facilitates the carrying out of maintenance on manned free balloons.  CASA received representations from a section of the aviation industry involved in the maintenance of those aircraft to issue the instrument that relaxes restrictions on who may supervise maintenance. CASA believes that the changes are appropriate, having regard to the aircraft involved and the nature of the maintenance that is carried out, and will facilitate on-the-job training and the carrying out of that maintenance.

 

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

Overview

The Civil Aviation (Authorisation and Exemption) Instrument 2015 was enacted to address a gap in the supervision requirements for maintenance on manned free balloons in Australia. This legislative instrument was developed in response to representations from the aviation industry and is designed to facilitate on-the-job training and maintenance of manned free balloons under the supervision of holders of maintenance authorities, subject to compliance with specific conditions. The Civil Aviation Safety Authority (CASA) has the power to issue such instruments under section 98 of the Civil Aviation Act 1988, with the objective of enhancing safety and flexibility in the maintenance of Australian aircraft. The instrument includes an authorisation for carrying out maintenance on manned free balloons and an exemption from certain regulatory requirements, aiming to streamline the supervision process while ensuring the safety of air navigation. The legislative instrument is subject to tabling and disallowance in the Parliament, as per the Legislative Instruments Act 2003, and is compatible with human rights, as confirmed by the Statement of Compatibility with Human Rights.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by the legislative instrument F2015L01149, aim to facilitate the maintenance of manned free balloons in Australia by allowing holders of a maintenance authority to supervise maintenance work, subject to certain conditions. This regulation applies to persons who carry out maintenance on manned free balloons and to the holders of a maintenance authority for such balloons. The geographic scope of this regulation is limited to Australian territory and Australian aircraft, specifically Class B aircraft, which includes manned free balloons. An exemption from specific regulatory provisions is granted under the Civil Aviation Act 1988, enabling the Civil Aviation Safety Authority (CASA) to issue exemptions that can be applied to classes of persons or aircraft. This exemption allows for the supervision of maintenance by holders of a maintenance authority, who otherwise might be restricted by conditions of their authority from supervising such work. The exemption is subject to parliamentary disallowance under the Legislative Instruments Act 2003, reflecting its legislative character. This instrument does not require a Regulation Impact Statement, as it is covered by a standing agreement between CASA and the Office of Best Practice Regulation. The instrument was developed in response to industry representations and is intended to facilitate on-the-job training while ensuring safety.

Key Provisions

The main operative sections of this legislation revolve around the authorisation to carry out maintenance on manned free balloons and the exemption relating to the supervision of such maintenance. Regulation 42ZC of the Civil Aviation Regulations 1988 (CAR 1988) specifies the conditions under which maintenance on Australian aircraft, including Class B aircraft such as manned free balloons, can be performed. Specifically, Section 4 of the instrument under discussion authorises a person to carry out maintenance on a manned free balloon under the supervision of a qualified individual, as outlined in clause 1 of Schedule 1. This qualified individual must be either the holder of a certificate of approval under regulation 30 of CAR 1988 or an employee of such a holder, and must also hold a maintenance authority for that class of balloon. Additionally, subregulation 11.160(1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that the Civil Aviation Safety Authority (CASA) may grant an exemption from compliance with certain provisions of the regulations or the Civil Aviation Orders (CAOs) if it is deemed necessary in the interests of the safety of air navigation. The Act imposes several obligations and requirements on the parties it governs. For instance, under regulation 42ZC(4)(e) of CAR 1988, a person may only carry out maintenance on a Class B aircraft, such as a manned free balloon, if authorised under subregulation 42ZC(6). Furthermore, the balloon must be operated under a standard certificate of airworthiness or an experimental certificate. Additionally, the supervision of maintenance must be carried out by a person who meets the criteria outlined in clause 1 of Schedule 1, including holding the appropriate maintenance authority and being subject to any conditions imposed by CASA. The legislative instrument also mandates that any exemption granted by CASA under subregulation 11.160(1) of CASR 1998 must be published on the Internet, as per regulation 11.225 of CASR 1998. Furthermore, any exemption granted must cease no later than three years after its commencement, unless a specific end date is specified within the exemption, in accordance with subregulation 11.230(1) of CASR 1998. The legislation also outlines potential offences, penalties, and consequences for breaches. Any person found in breach of the provisions outlined in the Civil Aviation Regulations 1988 or the Civil Aviation Safety Regulations 1998 may face civil or criminal penalties. The exact penalties for breaches can vary depending on the nature and severity of the offence. However, the legislation does not specify maximum penalties within the text provided. In the event of a breach, CASA may impose conditions on any exemption granted, as outlined in subregulation 11.205(1) of CASR 1998, to ensure the safety of air navigation. Furthermore, the legislative instrument is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA), ensuring that the Parliament has a role in scrutinising the instrument.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.