CASA EX197/15 - Repeal – exemption – Hawker Pacific Pty Ltd – certification of maintenance

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L02079 Not in force Legislative Instrument

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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

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide comprehensive regulations governing the safety of civil aviation operations in Australia, ensuring that aircraft are maintained to high standards to prevent accidents and enhance safety. The problem or gap that this regulation aimed to address includes ensuring that all maintenance on aircraft is properly documented and certified, which is critical for maintaining the safety of civil aviation. The Civil Aviation Act 1988 empowers the Governor-General to make regulations, including those related to maintenance certification, to achieve this objective. The policy objective of the CASR 1998 is to establish a robust regulatory framework that ensures the safety of civil aviation operations through stringent maintenance requirements and oversight. In 2011, the Civil Aviation Safety Authority (CASA) issued an exemption under the CASR 1998 for Hawker Pacific Pty Ltd, allowing them to issue maintenance releases for aircraft under specific conditions. Following an internal review, CASA determined that this exemption did not require legislative status and instead issued a new non-legislative instrument to meet Hawker Pacific’s request for an extension. This action aligns with the authority under the Legislative Instruments Act 2003, which governs the creation and management of legislative instruments, including their repeal and amendment. The repeal of CASA EX138/11 and the issuance of a new exemption instrument are consistent with the legislative framework and regulatory objectives set out in the Civil Aviation Act 1988 and the CASR 1998.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by Instrument CASA EX197/15, concern the regulation of civil aviation safety in Australia, with a specific focus on the exemption of Hawker Pacific Pty Ltd from certain maintenance certification requirements. This instrument applies to Hawker Pacific Pty Ltd, a particular entity operating within the aviation industry, and concerns the certification of maintenance activities on aircraft. The repeal of CASA EX138/11 and issuance of a new non-legislative exemption instrument reflects the authority of the Civil Aviation Safety Authority (CASA) to grant exemptions under section 98 of the Civil Aviation Act 1988. The geographic reach of this legislation is national, applying across Australia. The instrument outlines a clear exemption for Hawker Pacific Pty Ltd from specific regulatory requirements while imposing a condition that final maintenance certifications must be logged within three working days by an authorised person. The repeal of CASA EX138/11 and the issuance of a new non-legislative instrument illustrate the flexibility within the legislative framework to tailor regulatory responses to specific operational contexts without the need for broader legislative amendments.

Key Provisions

The key provisions of this legislation pertain to the Civil Aviation Safety Regulations 1998 (CASR 1998) and involve the exemption of a maintenance release issued for an aircraft by Hawker Pacific Pty Ltd (Hawker Pacific) from certain regulatory requirements. Specifically, subregulation 43(7) of the Civil Aviation Regulations 1988 (CAR 1988) mandates that a maintenance release may only be issued if all maintenance required to comply with any regulation has been certified as complete. This certification must be recorded in the aircraft logbook or an approved alternative maintenance record. The instrument CASA EX138/11, which was originally issued to exempt Hawker Pacific from this requirement, has now been repealed and replaced with a new non-legislative instrument. The obligations imposed by this legislation primarily concern Hawker Pacific. Under the new exemption, Hawker Pacific must ensure that the final certification for the completion of any maintenance is entered into the aircraft logbook within three working days after the final certification is made in Hawker Pacific’s internal worksheets. This entry must be made by a person authorised by Hawker Pacific. Furthermore, the exemption applies only to Hawker Pacific, and not to any other aircraft maintenance provider. There are no explicit offences or penalties outlined in the text for breaches of this legislation. However, the general regulatory framework under the Civil Aviation Act 1988 (the Act) and the Civil Aviation Safety Regulations 1998 (CASR 1998) implies that non-compliance with these regulations could result in enforcement actions, including fines or other penalties as prescribed by the Act. The maximum penalties for breaches of civil aviation regulations can vary but typically include fines that can be substantial, depending on the severity of the breach. Additionally, non-compliance could lead to the suspension or revocation of operational certificates, which could severely impact Hawker Pacific’s ability to conduct business.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.