Explanatory Statement
Civil Aviation Regulations 1988
Exemption — Class A aircraft used in private operations
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Regulation 42ZV of the Civil Aviation Regulations 1988 (CAR 1988) provides that the operator of a Class A aircraft must appoint a person to be the maintenance controller of the aircraft. Regulation 42ZY of CAR 1988 provides that the operator of a Class A aircraft must have a maintenance control manual. These 2 provisions were included in the Regulations to apply, principally, to operators engaged in commercial operations. It is considered that the 2 provisions are inappropriate in the case of Class A aircraft engaged in private operations.
CASA has decided, therefore, to exempt operators of Class A aircraft engaged in private operations from these requirements. The exemption has the effect of harmonising the Australian requirements with those applicable in the USA. CASA considers that granting the exemption does not have any adverse effect on aviation safety.
Legislative Instruments Act
Subregulation 308 (4) of CAR 1988 declares an exemption 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
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument replaces a previous instrument which has unintended effect on the operation of Class A aircraft for private operations. The exemption is beneficial to industry.
Duration
The instrument commences on the day after it is registered. It stops having effect at the end of 30 June 2012.
The instrument has been made by the Director of Aviations Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX53/10]