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]
Overview
The Civil Aviation Safety Regulations 1998 were amended by the Civil Aviation (Hawker Pacific Pty Ltd) (Certification of Maintenance) Exemption Instrument 2011 (F2011L02725). This exemption was enacted to address the need for flexibility in the certification process for maintenance performed by Hawker Pacific Pty Ltd. The instrument was created under the authority of section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations. The Civil Aviation Safety Authority (CASA) issued this exemption to allow Hawker Pacific to finalise maintenance certification in their internal worksheets before entering the details into the aircraft log book within a specified timeframe. This exemption applies to a class of persons authorised by Hawker Pacific and is considered a legislative instrument under the Legislative Instruments Act 2003. Notably, this exemption renews a previous exemption (CASA EX106/09) and is set to be in effect from 1 January 2012 until 31 December 2015. The instrument was made by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 73(2) of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically the exemption issued under F2011L02725, grants an exemption to Hawker Pacific Pty Ltd from certain maintenance certification requirements. This exemption applies to maintenance releases issued by Hawker Pacific for aircraft, allowing them to issue such releases without adhering to the strict timelines and certification processes stipulated in subregulation 43(7) of the Civil Aviation Regulations 1988. The exemption allows for the final certification of maintenance to be recorded in the aircraft log book by an authorised person within three working days of the maintenance being certified in Hawker Pacific's worksheets. This legislative instrument is applicable to a class of persons authorised by Hawker Pacific and is subject to the provisions of the Legislative Instruments Act 2003, which includes parliamentary scrutiny through tabling and disallowance. The exemption, which renews a previous exemption, CASA EX106/09, is effective from 1 January 2012 until 31 December 2015 and is made by the Director of Aviation Safety on behalf of the Civil Aviation Safety Authority.
Key Provisions
The Civil Aviation Safety Regulations 1998, as amended by the instrument F2011L02725, establish an exemption for Hawker Pacific Pty Ltd regarding the certification of maintenance for aircraft. Specifically, section 98 of the Civil Aviation Act 1988 authorises the Governor-General to create such regulations. Under subregulation 43(7)(a) of the Civil Aviation Regulations 1998 (CAR 1998), a maintenance release for an aircraft can only be issued if all required maintenance has been certified, either under regulation 42ZE or 42ZN, and this certification must be documented in the aircraft logbook or an approved alternative maintenance record. This exemption allows Hawker Pacific to issue a maintenance release for its aircraft without immediate entry in the aircraft logbook, provided that the final certification is made in the logbook within three working days by an authorised person.
This exemption imposes certain obligations on Hawker Pacific and the authorised personnel involved. Hawker Pacific must ensure that the final certification of maintenance is entered into the aircraft logbook within three working days of the maintenance completion being certified in Hawker Pacific's worksheets. The person making the entry into the logbook must be authorised by Hawker Pacific, ensuring that only qualified individuals perform this task. This requirement ensures that there is a clear and authorised record of the maintenance performed on the aircraft, although it allows a short delay in updating the logbook.
Failure to comply with the conditions of this exemption could lead to various consequences. While the specific penalties are not detailed in the text, non-compliance with civil aviation regulations can typically result in enforcement actions by the Civil Aviation Safety Authority (CASA), including fines and potential suspension of maintenance certificates. The maximum penalties for breaches of civil aviation regulations can vary, but they often include significant fines and other administrative sanctions designed to ensure compliance and maintain safety standards.
The instrument is a legislative instrument under the Legislative Instruments Act 2003, which means it must be tabled and is subject to disallowance by the Parliament. Although consultation under section 17 of the LIA has not been undertaken for this specific exemption, it renews a previous exemption, CASA EX106/09, which was set to expire at the end of December 2011. This exemption takes effect on 1 January 2012 and will cease to have 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.