Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — Class A aircraft used in private operations
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Regulation 42ZV of the Civil Aviation Regulations 1988 (CAR 1988) provides that the operator of a class A aircraft must appoint a person to be the maintenance controller of the aircraft. Regulation 42ZY of CAR 1988 provides that the operator of a class A aircraft must have a maintenance control manual. These 2 provisions were included in the Regulations to apply, principally, to operators engaged in commercial operations. It is considered that the 2 provisions are inappropriate in the case of class A aircraft engaged in private operations.
CASA has decided, therefore, to exempt operators of class A aircraft engaged in private operations from these requirements. The exemption has the effect of harmonising the Australian requirements with those applicable in the USA. CASA considers that granting the exemption does not have any adverse effect on aviation safety.
CASA has previously granted a similar exemption (CASA EX53/10) which expired at the end of 30 June 2012. This instrument is the same as CASA EX53/10, except that clause 2 of Schedule 1 has been amended so that it is now a condition of the exemption that the aircraft’s system of maintenance specifies the name of the individual who is responsible for various essential maintenance control functions. In the absence of this exemption, that information would be set out in the maintenance control manual for the aircraft, as required by paragraphs 42ZY (1) (c) and (d) and Schedule 9 of CAR 1988.
Legislative Instruments Act
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that CASA may exempt a person, or class of persons, from compliance with a provision of the regulations, including a provision of CAR 1988. Subregulation 11.170 (3) provides that CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount. Regulation 11.205 provides that CASA may impose on an exemption any condition necessary in the interests of safety and set out that condition in an instrument of exemption.
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the Regulations or 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. The instrument applies to a class of persons and aircraft and so is legislative. 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
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument replaces a previous instrument which has expired. The exemption is beneficial to industry.
Compatibility with human rights and freedoms
This instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Making and commencement
The instrument has been made by a delegate of CASA under subregulation 11.260 (1) of CASR 1998.
The instrument commences on the day after registration. It stops having effect at the end of July 2015.
[Instrument number CASA EX130/12]