Explanatory Statement
Civil Aviation Act 1988
Exemption — to produce a modification or replacement part
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may grant an exemption from compliance with a provision of CASR 1998. Under subregulation 11.160 (2), the exemption may be for a class of persons and may specify the class by reference to membership of a specified body or any other characteristic. Under subregulation 11.160 (3), CASA may grant an exemption on application or on its own initiative.
Under regulation 21.305 of CASR 1998, whenever a material, part, process or appliance (an article) is required to be approved under CASR 1998, it may be approved under, among other things, an Australian Parts Manufacturer Approval (APMA), or in any other manner approved by CASA (paragraph 21.305 (e)). Such other approved manner for approving is the issue of a CASA approval for the article. When such an approval is issued, it must be complied with rather than, for example, the APMA.
Under subregulation 21.303 (1) of CASR 1998, it is an offence for a person to produce a modification or replacement part for sale or installation on a type certificated aircraft, aircraft engine or propeller unless it is produced in accordance with an APMA issued under Subpart 21.K of CASR 1998.
The exemption offers an alternative means of compliance for such modification or replacement through the approval process mentioned above. The exemption is made by CASA on its own initiative for the class of persons who produce a modification or replacement part for sale or installation on a type certificated aircraft, aircraft engine or propeller (manufacturers). The exemption exempts such manufacturers from the requirements of subregulation 21.303 (1) if they comply instead with an approval issued in accordance with paragraph 21.305 (e).
Legislative Instruments Act
Regulation 11.215 of CASR 1998 declares an exemption of this kind to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is for the benefit of the manufacturers by providing an alternative means of compliance with appropriate safety standards for the production of a modification or replacement part.
The instrument commences on the day after it is registered. It stops having effect at the end of October 2007.
The exemption has been made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX52/05]