Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption – Hawker Pacific Pty Ltd – certification of maintenance
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Subregulation 43 (7) of the Civil Aviation Regulations 1988 (CAR 1988) in paragraph (a) provides that a maintenance release may be issued in respect of an aircraft only if all maintenance in respect of the aircraft required to be carried out to comply with any requirement or condition imposed under the regulations has been certified in accordance with regulation 42ZE or 42ZN. Certification for the completion of maintenance on an aircraft must be made in the aircraft log book or approved alternative maintenance record.
The instrument exempts a maintenance release issued for an aircraft by Hawker Pacific Pty Ltd (Hawker Pacific) from the requirements of subregulation 43 (7) of CAR 1988.
The conditions are that the final certification for completion of any maintenance must be made in the aircraft log book not later than 3 working days after the final certification of completion in the worksheets of Hawker Pacific. The entry in the log book must be made by a person authorised by Hawker Pacific.
Legislative Instruments Act
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 exemption applies to a class of persons authorised by Hawker Pacific. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003 (the LIA).
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument renews a previous instrument, CASA EX106/09, which expires at the end of December 2011.
The instrument comes into effect on 1 January 2012. It stops having effect at the end of 31 December 2015.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX138/11]