Explanatory Statement
Civil Aviation Regulations 1988
Exemption — replacement components
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.
Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may exempt aircraft, or persons in, on, or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988.
Subregulation 42W (2) of CAR 1988 sets out the conditions subject to which a person may replace an aircraft component with another component. One of the conditions set out in sub-subparagraph 42W (2) (b) (iii) (AA) is that the replacement component is approved for use as a replacement component in an Australian Parts Manufacturer Approval issued under regulation 21.303 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
CASA has decided that some relaxation of this requirement is necessary. Having regard to the various ways in which the manufacture of parts may be authorised under Part 21 of CASR 1998, many manufacturers could be excluded by that condition from supplying replacement parts though qualified to do so. It is proposed to amend regulation 42W. In the interim an exemption against the provisions could be issued.
Under the exemption, manufacturers will be able to supply replacement parts that have been manufactured under approval issued under any of Part 21.F, Part 21.G, Part 21.K or Part 21.O of CASR 1998.
The exemption is issued subject to the condition that the part must be useable as a replacement in accordance with a design approved under CAR 1988 or CASR 1998, or
be specified in approved maintenance data for use as a replacement for the particular component that is replaced.
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.
As a legislative instrument, 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. It is a renewal of a previous exemption, instrument CASA EX25/2003, and is beneficial to industry.
The exemption has been issued by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA.
It commences on the day after it is registered and stops having effect at the end of 30 November 2007.
[Instrument number CASA EX54/05]
Overview
The Civil Aviation Regulations 1988 (CAR 1988) were enacted to provide a comprehensive regulatory framework governing civil aviation operations in Australia. One of the key provisions within the CAR 1988 is the ability for the Civil Aviation Safety Authority (CASA) to issue exemptions from compliance with certain regulations under Section 98 of the Civil Aviation Act 1988. This Act was introduced to address the need for regulatory flexibility in the civil aviation industry, ensuring that operations can be adapted to new circumstances while maintaining safety standards. The exemption instrument CASA EX54/05, issued under subregulation 42W of CAR 1988, allows for the relaxation of specific conditions regarding the replacement of aircraft components. The exemption, which is subject to parliamentary disallowance under the Legislative Instruments Act 2003, aims to facilitate the supply of replacement parts by manufacturers who may otherwise be excluded due to stringent regulatory conditions. This exemption, effective from the day after its registration and expiring on 30 November 2007, is a renewal of a previous exemption and is intended to be beneficial to the aviation industry.
Scope and Application
The Civil Aviation Regulations 1988, under Section 98 of the Civil Aviation Act 1988, allow for the exemption of aircraft or persons associated with their operation from certain compliance requirements, providing flexibility in the application of regulatory standards. Subregulation 42W(2) of the Civil Aviation Regulations 1988 outlines the conditions under which an aircraft component may be replaced, one such condition being that the replacement component must be approved under a specific regulation. However, recognising the need for broader participation in the supply of replacement parts, the Civil Aviation Safety Authority (CASA) has issued an exemption to broaden the scope of manufacturers eligible to supply replacement components. This exemption allows manufacturers approved under various sections of Part 21 of the Civil Aviation Safety Regulations 1998 to supply replacement parts, provided the parts are either useable as replacements in accordance with an approved design or specified in approved maintenance data for the particular component they replace. This exemption is subject to disallowance under the Legislative Instruments Act 2003 and operates until the end of 30 November 2007.
Key Provisions
The primary operative sections of the Civil Aviation Regulations 1988 (CAR 1988) relevant to this legislation include section 98, which empowers the Governor-General to make regulations. Specifically, subregulation 308(1) of CAR 1988 allows the Civil Aviation Safety Authority (CASA) to exempt aircraft, or persons involved with the operation of the aircraft, from compliance with certain specified provisions of CAR 1988. This authority is exercised under subregulation 42W(2) which details the conditions for replacing aircraft components with another component. Sub-subparagraph 42W(2)(b)(iii)(AA) originally stipulated that the replacement component must be approved for use under a specific Australian Parts Manufacturer Approval issued under regulation 21.303 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
The Act imposes specific obligations on the parties it governs. Manufacturers who wish to supply replacement components must ensure that the components are either useable as replacements in accordance with a design approved under CAR 1988 or CASR 1988, or are specified in approved maintenance data for use as a replacement for the particular component that is replaced. This requirement ensures that the replacement parts meet the necessary safety and regulatory standards. The exemption provided allows manufacturers to supply replacement parts that have been manufactured under approvals issued under any of Part 21.F, Part 21.G, Part 21.K, or Part 21.O of CASR 1998, broadening the scope of acceptable approvals beyond the previously narrow criteria.
The legislation also outlines potential consequences for non-compliance. Subregulation 308(4) of CAR 1988 states that an exemption is a disallowable instrument under the Legislative Instruments Act 2003 (LIA). This means that the exemption is subject to tabling and disallowance in the Parliament, as per sections 38 and 42 of the LIA. Although consultation under section 17 of the LIA has not been undertaken in this case, the exemption is considered beneficial to the industry. It is a renewal of a previous exemption, CASA EX25/2003, and was issued by the Deputy Chief Executive and Chief Operating Officer, a delegate of CASA. The exemption commences on the day after it is registered and ceases to have effect at the end of 30 November 2007. Failure to comply with the conditions set out in the exemption could result in enforcement actions by CASA, potentially including fines or other penalties as stipulated under the Civil Aviation Act 1988 and other relevant regulations.