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 apply, principally, to operators engaged in commercial operations. Class A aircraft is defined in regulation 2 of CAR 1988 and means an Australian aircraft, other than a balloon, that satisfies either or both of paragraphs (a) and (b) of that definition, being: aircraft certificated as transport category aircraft; and aircraft used, or to be used, by the holder of an Air Operator’s Certificate which authorises the use of the aircraft for a commercial purpose.
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 CAOs. 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.
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Instrument
It is considered that regulations 42ZV and 42ZY of CAR 1988 are inappropriate in the context of class A aircraft used in private operations and, historically, CASA has exempted private operators of class A aircraft from these requirements.
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 United States. CASA considers that granting the exemption does not have any adverse effect on aviation safety.
The exemption is subject to various conditions, including that, for maintenance on class A aircraft captured by the instrument, the maintenance must be carried out by a maintenance organisation which holds a certificate of approval to carry out that maintenance. The class A aircraft’s system of maintenance must also specify the name of the individual who is responsible for arrangements for the control of maintenance of the aircraft, arrangements to ensure compliance with weight and balance requirements, and investigation of aircraft defects, among other things.
CASA has previously granted similar exemptions (CASA EX53/10 and CASA EX130/12 refer), the latest of which expired at the end of July 2015. This instrument is substantially similar to CASA EX130/12 and continues the industry exemption for a further 3 years.
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. CASA EX134/15 applies to a class of aircraft, being class A aircraft used in private operations, as well as a class of persons, being the operators of class A aircraft used in private operations. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The instrument replaces a previous instrument which expired at the end of July 2015 and is made in substantially similar terms (CASA EX130/12 refers). The exemption is beneficial to industry and maintains the current status quo until regulatory amendments are introduced to replace the need for this exemption. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
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 (OBPR id: 14507).
Making and commencement
The exemption has been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The instrument commences on 1 August 2015 and expires at the end of July 2018, as if it had been repealed by another instrument.
[Instrument number CASA EX134/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — class A aircraft used in private operations
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 exempts class A aircraft used in private operations and the operators of those aircraft from certain maintenance requirements specified in regulations 42ZV and 42ZY of the Civil Aviation Regulations 1988.
The exemption harmonises Australia’s regulatory requirements with those applicable in the United States and is of a beneficial effect to industry. Conditions that are necessary in the interests of aviation safety are detailed in the instrument.
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