CASA EX122/11 - Exemption - to produce a modification or replacement part

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation, and the Civil Aviation Act 1988 empowers the Governor-General to make regulations under the Act. The legislation in question, F2011L02203, addresses a specific gap in the current regulatory framework concerning the production of modifications or replacement parts for sale or installation on type-certificated aircraft, engines, or propellers. Under subregulation 21.303(1) of CASR 1998, it is an offence for manufacturers to produce such parts unless they adhere to an Australian Parts Manufacturer Approval (APMA) issued under Subpart 21.K of CASR 1998. The new exemption allows for an alternative compliance route through the approval process stipulated in regulation 21.305 of CASR 1998, thus providing manufacturers with a safety-compliant option outside the APMA framework. This exemption was issued by the Civil Aviation Safety Authority (CASA) under its regulatory powers, specifically subregulation 11.160(3) of CASR 1998, and it targets manufacturers producing modifications or replacements for aircraft parts. The exemption is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, although consultation under the Act was not undertaken in this instance as it was deemed beneficial to the manufacturers by offering an alternative means of compliance with safety standards. The exemption renews a previous instrument that expired at the end of October 2011 and will remain in effect until the end of October 2012.

Scope and Application

The Civil Aviation Safety Regulations 1998 Exemption to produce a modification or replacement part applies to manufacturers who produce such parts for sale or installation on a type certificated aircraft, aircraft engine or propeller. This regulation provides an alternative means of compliance to those stipulated under subregulation 21.303(1) of CASR 1998. The exemption allows these manufacturers to comply with an approval issued by the Civil Aviation Safety Authority (CASA) in accordance with paragraph 21.305(e) or subregulation 21.305A(2) of CASR 1998, rather than strictly adhering to an Australian Parts Manufacturer Approval (APMA) under Subpart 21.K. The exemption is applicable nationally within Australia and is subject to the Legislative Instruments Act 2003, making it a disallowable instrument under the Act. The exemption was made by a delegate of CASA under subregulation 11.260(1) of CASR 1998 and serves to provide a streamlined process for manufacturers to meet safety standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended to provide an exemption for the production of a modification or replacement part for sale or installation on a type certificated aircraft, aircraft engine, or propeller. This exemption is detailed in subregulation 11.160(1) of the CASR 1998, which allows the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with specific regulations. The exemption applies to a class of persons, which in this case are the manufacturers producing such parts, and can be specified by characteristics such as membership in a particular body. CASA has the discretion to grant this exemption either on application or on its own initiative as per subregulation 11.160(2) and (3). The exemption operates under regulation 21.305 of the CASR 1998, which outlines various methods for approving materials, parts, processes, or appliances. Manufacturers who produce modifications or replacements are typically required to comply with an Australian Parts Manufacturer Approval (APMA) under subregulation 21.303(1). However, this exemption allows manufacturers to comply with an alternative approval process under paragraph 21.305(e), which involves obtaining a CASA approval instead of adhering strictly to the APMA. This alternative compliance method is explicitly stated to be a means of ensuring the safety standards are met while providing manufacturers with flexibility. Manufacturers who are granted this exemption must ensure that their compliance is through the CASA approval process as specified. The exemption relieves them from the strict adherence to the APMA requirements outlined in subregulation 21.303(1) but mandates adherence to the CASA approval method as per subregulation 21.305A(2). The exemption, being a legislative instrument, is subject to parliamentary scrutiny under the Legislative Instruments Act 2003 (LIA). Specifically, it falls under subparagraph 6(d)(i) of the LIA, meaning it is a disallowable instrument subject to tabling and potential disallowance in Parliament as per sections 38 and 42 of the LIA. There are no specified offences or penalties for breaching this exemption, as the primary focus is on providing an alternative compliance pathway. However, any failure to comply with the CASA approval process as outlined could potentially lead to safety concerns and subsequent enforcement actions by CASA. Although the current instrument does not specify penalties, non-compliance with aviation safety regulations generally carries significant risk, including potential civil or criminal consequences as determined by CASA under the broader Civil Aviation Act 1988. The exemption, which is subject to parliamentary oversight, is designed to benefit manufacturers by providing a streamlined and effective means of ensuring compliance with safety standards.