CASA EX55/11 – Exemption – requirements for authorised release certificate

Overview

The Civil Aviation Regulations 1988 (CAR 1988) were amended in 2011 to address a gap in the regulatory framework concerning the authorised release certificate (ARC) requirements for aircraft components, particularly those leased under specific contractual arrangements. Enacted by the Australian Government, the problem this legislation sought to resolve was the need to align the regulatory requirements with international leasing practices that stipulate the use of ARCs issued by the European Aviation Safety Agency (EASA) or the Federal Aviation Administration of the United States of America (FAA), regardless of the location of maintenance or manufacturing. The policy objective was to ensure that the safety of air navigation is maintained while accommodating industry practices. The amendment was introduced to provide an exemption under the Civil Aviation Act 1988, empowering the Civil Aviation Safety Authority (CASA) to issue exemptions subject to conditions that guarantee the airworthiness of aircraft components. This legislative instrument, declared under the Legislative Instruments Act 2003, is subject to tabling and disallowance in the Parliament. The exemption is intended to facilitate compliance with leasing agreements and ensure that safety standards are upheld, reflecting accepted practices in the aviation industry.

Scope and Application

The Civil Aviation Regulations 1988 (CAR 1988) provide for the exemption of aircraft, or persons associated with aircraft operations, from certain regulatory requirements, subject to the approval of the Civil Aviation Safety Authority (CASA) and conditions that ensure the safety of air navigation. This exemption specifically addresses the requirement for an authorised release certificate (ARC) for aircraft components, allowing operators to comply with contractual leasing agreements that mandate the use of ARCs issued by the European Aviation Safety Agency (EASA) or the Federal Aviation Administration of the United States of America (FAA). The exemption applies to all operators who have entered into such leasing agreements and is intended to maintain the safety of air navigation while recognising industry practices. The exemption is a legislative instrument subject to the Legislative Instruments Act 2003, requiring it to be tabled and disallowable in the Parliament, though no consultation was undertaken for this exemption. It is effective from the day after registration and ceases to have effect at the end of May 2012.

Key Provisions

The main operative sections of this legislation are found in the Civil Aviation Regulations 1988 (CAR 1988), specifically Subregulation 308(1), which provides that the Civil Aviation Safety Authority (CASA) may exempt aircraft or persons associated with the operation of aircraft from compliance with specified provisions of CAR 1988. This exemption, as detailed in Subregulation 308(2), must consider relevant safety considerations and may be made subject to conditions specified in the exemption to ensure safety (Subregulation 308(3)). Paragraph 42W(4)(d) of CAR 1988 states that an aircraft component to which subregulation 42W(5) applies must not be installed unless accompanied by an authorised release certificate (ARC). Regulation 42WA outlines requirements for an ARC, including that it must be issued by the National Airworthiness Authority (NAA) of the country where maintenance was carried out or the component was manufactured. The exemption, as described, allows an ARC to be issued under specific conditions to guarantee airworthiness. The obligations and requirements imposed by the Act on the parties it governs include the necessity for CASA to consider safety-related factors before granting any exemptions under Subregulation 308(2) of CAR 1988. Operators who lease aircraft must ensure that any ARCs obtained for components fitted to the aircraft comply with the conditions set out in the exemption. Specifically, these ARCs must be issued under an approval by either the European Aviation Safety Agency (EASA) or the Federal Aviation Administration of the United States of America (FAA) and must be issued by a person authorised by the relevant NAA. This ensures that the airworthiness of the components is maintained and that the exemption aligns with the safety standards set by the NAAs of the countries involved. There are no specific offences or penalties mentioned in the Act for breach of the exemption conditions. However, the exemption is a disallowable instrument under the Legislative Instruments Act 2003 (LIA) as declared in Subregulation 308(4) of CAR 1988. This means that it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA. Failure to adhere to the conditions of the exemption could potentially lead to legislative scrutiny or disallowance, impacting the operator’s ability to maintain compliance with leasing agreements and safety regulations. The exemption is designed to allow operators to maintain leased aircraft in accordance with their leasing agreements while ensuring the safety of air navigation.