Explanatory Statement
Civil Aviation Safety Regulations 1998
Repeal – 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.
Paragraph 43 (7) (a) of the Civil Aviation Regulations 1988 (CAR 1988) 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 to have been completed. Certification for the completion of maintenance on an aircraft must be made in the aircraft logbook or approved alternative maintenance record.
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 regulations, including CAR 1988, in relation to a matter mentioned in that subsection. 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 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
Instrument CASA EX138/11 was registered on 16 December 2011 and commenced on 1 January 2012. Instrument CASA EX138/11 exempted 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 exemption was subject to a condition that the final certification for completion of any maintenance must be made in the aircraft logbook not later than 3 working days after the final certification of completion in the worksheets of Hawker Pacific. The entry in the logbook was required to be made by a person authorised by Hawker Pacific.
The operator subsequently requested a reissue of the exemption. After the request for reissue was made, CASA conducted an internal review that determined that instrument CASA EX138/11 is not required to be a legislative instrument since the instrument is expressed to apply to a particular person, in this case, a particular operator.
As a result of the internal review, for the purposes of the operator’s request, a new, separate non‑legislative instrument of exemption has been issued and instrument CASA EX138/11 is repealed by this instrument.
Legislative Instruments Act 2003 (the LIA)
Instrument CASA EX197/15 repeals CASA EX138/11 which is an existing legislative instrument. Instrument CASA EX197/15 is, therefore, a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Hawker Pacific has requested that the exemption, CASA EX138/11, be extended for a further period. CASA is taking the opportunity to repeal CASA EX138/11 and issue a new
non-legislative instrument to satisfy Hawker Pacific’s request. CASA considers that no further consultation is appropriate or necessary as the instrument applies only to this particular operator.
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 for exemptions (OBPR id: 14507).
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 1998.
The instrument commences on the day of registration.
[Instrument number CASA EX197/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Repeal – exemption – Hawker Pacific Pty Ltd – certification of maintenance
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 repeals instrument CASA EX138/11, being an instrument that exempts a maintenance release issued for an aircraft by Hawker Pacific Pty Ltd (Hawker Pacific) from the requirements of subregulation 43 (7) of the Civil Aviation Regulations 1988 (CAR 1988).
CASA has issued a new non-legislative instrument of exemption that exempts a maintenance release issued for an aircraft by Hawker Pacific from the requirements of subregulation 43 (7) of CAR 1988.
The purpose of this instrument is to repeal a legislative instrument that is no longer required.
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