Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA EX168/18 — Authorised Release Certificate (FAA and EASA Approved Components) Exemption 2018
Purpose
The purpose of this legislative instrument is to permit the installation, into aircraft, of components manufactured or maintained by organisations that are approved by the European Aviation Safety Agency (EASA) or the United States Federal Aviation Administration (the FAA), where the manufacturing or maintenance does not take place in, respectively, an EASA member country or the United States of America (the USA).
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. Relevantly, the Governor-General has made the Civil Aviation Safety Regulations 1998 (CASR) and Civil Aviation Regulations 1988 (CAR).
Subregulation 42W (4) of CAR makes it an offence to install aircraft components in aircraft unless the requirements in the paragraphs of the subregulation are met. For the purposes of the offence provision, paragraph 42W (4) (d) requires that an aircraft component to which subregulation 42W (5) applies must not be installed unless the supplier of the component has supplied an authorised release certificate (ARC) with it and for it. Similarly, paragraph 42W (4) (e) requires that an aircraft component that includes another component (the included component) to which subregulation 42W (5) applies must not be installed in an aircraft unless the supplier of the included component has supplied an ARC with it and for it.
Authorised release certificate is defined in clause 18 of Part 2 to the CASR Dictionary, for the purposes of CAR, to be a document that complies with regulation 42WA of CAR. The requirements of regulation 42WA include a requirement that the ARC be issued by, or with the approval of, the national airworthiness authority (the NAA) of the country in which the most recent maintenance on the component was carried out or, if no maintenance has been carried out, the NAA of the country in which the component was manufactured — see paragraph 42WA (1) (b) of CAR.
Subpart 11.F of CASR provides for the granting by the Civil Aviation Safety Authority (CASA) of exemptions from particular provisions of the regulations.
Subregulation 11.160 (1) of CASR provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations.
Under subregulation 11.160 (2) of CASR, an exemption may be granted to a person or a class of persons.
Under subregulation 11.175 (4) of CASR, in deciding whether to reissue an exemption on an application by a person, CASA must regard as paramount the preservation of at least an acceptable level of aviation safety. CASA takes the same consideration into account when renewing an exemption on its own initiative.
Regulation 11.225 of CASR requires an exemption to be published on the Internet. Under subregulation 11.230 (1), the maximum duration of an exemption is 3 years.
Background
Since 2011, CASA has issued a series of exemptions from the requirements of paragraph 42WA (1) (b) of CAR to permit the installation of aircraft components that are manufactured by, or subject to maintenance by, organisations that are approved by EASA or the FAA but where the manufacturing or maintenance activities were conducted other than in, respectively, an EASA member State or the USA.
For example, a Singaporean organisation may obtain EASA or FAA approvals in order to perform maintenance or component manufacturing services for European or American aircraft operators, respectively. Without the legislative instrument, a document supplied by such an organisation for the component cannot be an “ARC” under CAR because neither EASA nor the FAA is the NAA of Singapore as the country in which the manufacturing or maintenance is conducted.
CASA EX87/15, Exemption — requirements for authorised release certificate was the most recent exemption against paragraph 42WA (1) (b) of CAR to allow the installation of components in the circumstances described above. That instrument expired at the end of May 2018.
Overview of instrument
The instrument reissues the exemption in CASA EX87/15. Section 4 of the instrument provides an exemption against the offence provision in subregulation 42W (4) to the extent that it requires compliance with the ARC requirements in paragraphs 42W (4) (d) and (e).
The exemption applies in relation to regulated components and components that include a regulated component. Regulated component is defined for the instrument to be a component to which subregulation 42W (5) of CAR applies. However, the exemption only applies in relation to a component that is supplied with an EASA ARC or FAA ARC.
The definitions of EASA ARC and FAA ARC in section 3 of the instrument ensure that the exemption works as intended. Those terms are defined to cover a document that:
- is supplied with a regulated component manufactured in, or that has been the subject of maintenance in, a country that is not an EASA member State or the USA
- complies with regulation 42WA of CAR in relation to the regulated component, except the requirement in paragraph 42WA (1) (b) — this ensures that the document meets all other requirements for an ARC under CAR
- is issued by a person who is approved by EASA or the FAA to issue the document.
The effect of the exemption in section 4, with the abovementioned definitions, is that a person will not breach the offence provision in subregulation 42W (4) of CAR if they install a regulated component, manufactured or maintained anywhere in the world by an EASA or FAA approved organisation, that is supplied with a document that is an ARC except in relation to the requirement in paragraph 42WA (1) (b).
CASA has assessed the safety risk of remaking the exemption and is satisfied that the exemption would preserve a level of safety that is at least acceptable, for the purposes of Subpart 11.F of CASR.
Legislation Act 2003 (the LA)
Paragraph 98 (5A) (a) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation, or the maintenance, of aircraft. Additionally, paragraph 98 (5AA) (a) of the Act provides that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if the instrument is expressed to apply in relation to a class of persons.
The instrument exempts persons generally from complying with specified provisions of subregulation 42W (4) of CAR. The instrument is, therefore, a legislative instrument, and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.
Consultation
Consultation under section 17 of the LA has not been undertaken in this case. The instrument continues previous arrangements that were requested by industry and are beneficial to industry by providing more flexibility to use maintenance organisations approved by EASA and the FAA. No adverse feedback has been received in relation to previous exemptions addressing the issue. In these circumstances, CASA is satisfied that no consultation is appropriate or necessary for this instrument for section 17 of the LA.
CASA is progressing amendments to the maintenance regulations that are intended to render the exemption unnecessary, subject to other legislative priorities.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required in this case as the exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument does not engage any of the applicable rights or freedoms, and 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 relying on the power of delegation under subregulation 11.260 (1) of CASR.
The instrument commences on the day after it is registered and is repealed at the end of 30 November 2021.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA EX168/18 — Authorised Release Certificate (FAA and EASA Approved Components) Exemption 2018
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 purpose of this legislative instrument is to permit the installation, into aircraft, of components manufactured or maintained by organisations that are approved by the European Aviation Safety Agency (EASA) or the United States Federal Aviation Administration, where the manufacturing or maintenance does not take place in an EASA member country or the United States of America.
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