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]
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was established to ensure the safety of air navigation and to regulate civil aviation activities within Australia. To address compliance and safety standards for the production of modifications or replacement parts for aircraft, engines, or propellers, the Act empowers the Governor-General to make regulations, which in turn facilitates the Civil Aviation Safety Authority (CASA) to issue exemptions from certain compliance requirements under the Civil Aviation Safety Regulations 1998 (CASR 1998). Specifically, the exemption in question allows manufacturers producing such parts to comply with an approval issued by CASA, rather than adhering strictly to an Australian Parts Manufacturer Approval (APMA), provided they meet the requisite safety standards. This initiative aims to streamline compliance for manufacturers while maintaining high safety standards within the industry.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, allows for the exemption of certain persons from compliance with specific regulatory provisions concerning the production of modifications or replacement parts for aircraft, aircraft engines, and propellers. This exemption is specifically designed for manufacturers who produce these parts for sale or installation on type certificated aircraft. Under the Act, the Civil Aviation Safety Authority (CASA) has the authority to grant exemptions either on application or on its own initiative, provided the safety of air navigation is upheld. Such exemptions permit manufacturers to comply with CASA-issued approvals instead of adhering to the Australian Parts Manufacturer Approval (APMA) requirements, as long as the CASA approval aligns with the necessary safety standards. This legislative instrument is applicable nationally and is subject to disallowance under the Legislative Instruments Act 2003. The exemption, effective from its registration, aims to offer a viable alternative compliance pathway for manufacturers while ensuring safety standards are maintained.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (CASR 1998) provide that the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation (subsection 98(1) of the Act). The Civil Aviation Safety Authority (CASA) is authorised to grant exemptions from compliance with a provision of CASR 1998 under subregulation 11.160(1) of the CASR 1998. Such an 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 (subregulation 11.160(2) of the CASR 1998). CASA may grant an exemption on application or on its own initiative (subregulation 11.160(3) of the CASR 1998). Regulation 21.305 of the CASR 1998 allows for the approval of articles, such as materials, parts, processes or appliances, under an Australian Parts Manufacturer Approval (APMA) or in any other manner approved by CASA. When such an approval is issued, it must be complied with rather than, for example, the APMA.
The Act and the CASR 1998 impose obligations on parties or entities they govern. 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 (subregulation 21.303(1) of CASR 1998). The exemption allows manufacturers to comply with an approval issued in accordance with paragraph 21.305(e) instead of subregulation 21.303(1). The exemption is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). The instrument commences on the day after it is registered and stops having effect at the end of October 2007.
The exemption provides an alternative means of compliance with appropriate safety standards for the production of a modification or replacement part. The exemption is made by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA, in accordance with subregulation 7(1) of the Civil Aviation Regulations 1988 (CAR 1988). There are no specific offences, penalties, or civil/criminal consequences outlined for breach of the exemption. However, as a legislative instrument, it is subject to disallowance in the Parliament, which may result in the exemption being voided if not approved within the specified timeframe. The instrument number is CASA EX52/05.