Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — from compliance with Part 145 Manual of Standards requirements for Part 145 organisations undertaking CAR maintenance activities
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation. Subsection 98 (5A) of the Act provides that the regulations may empower CASA to issue instruments in relation to matters affecting the safe navigation and operation of aircraft.
Regulation 145.025 of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that a person may apply to CASA for approval as a “Part 145 organisation”. The application must be in writing and must include: a copy of the applicant’s proposed exposition; the approval rating sought; and, if relevant, each aircraft type or aircraft system for which the applicant intends to provide training. A Part 145 organisation is defined in Part 1 of the CASR 1998 Dictionary as meaning a person who holds an approval issued under regulation 145.030 to be a Part 145 organisation.
Regulation 202.805 of CASR 1998 provides that an application for approval under regulation 145.025 to be a Part 145 organisation may also cover the undertaking of CAR maintenance activities. CAR maintenance activities is defined in Part 3 of the CASR 1998 Dictionary as meaning the activities undertaken under Part 4A of the Civil Aviation Regulations 1988 (CAR 1988). These activities include:
• carrying out maintenance on a registered aircraft to which Part 42 of CASR 1998 does not apply, or on an aircraft component or aircraft material for an aircraft of that kind
• certifying the completion of maintenance carried out on an aircraft or aircraft component
• issuing a maintenance release for an aircraft
• endorsing a maintenance release for an aircraft
• issuing an authorised release certificate for an aircraft component.
For the above activities, for non-regular public transport operations, including charter, aerial work and private, a Certificate of Approval issued under regulation 30 of CAR 1988 is required.
Subregulation 202.806 (1) requires CASA to approve an application to be a Part 145 organisation that also covers the undertaking of CAR maintenance activities if:
(a) the applicant has an exposition that complies with the requirements specified in the Part 145 Manual of Standards relating to CAR maintenance activities; and
(b) the applicant has facilities, equipment, materials, approved maintenance data and tools that are suitable for undertaking CAR maintenance activities for the kinds of aircraft, aircraft components and aircraft materials for which the applicant proposes to undertake CAR maintenance activities; and
(c) the facilities, equipment, materials, approved maintenance data and tools mentioned in paragraph (b) comply with the requirements specified in the Part 145 Manual of Standards.
Subregulation 11.160 (1) of CASR 1998 provides that, for subsection 98 (5A) of the Act, CASA may grant an exemption from a provision of the regulations or a Civil Aviation Order in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), an exemption may be granted to a person, or to a class of persons, and may specify the class by reference to membership of a specified body or any other characteristic.
Under subregulation 11.205 (1) of CASR 1998, CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.225 of CASR 1998, an exemption must be published on the Internet. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 3 years after its commencement) or, if no day is specified, 3 years after commencement.
Background
A Part 145 organisation approval (an approval for an organisation known as an Approved Maintenance Organisation or AMO) has not in the past included an approval to carry out maintenance under CAR 1988 (maintenance on aircraft other than regular public transport aircraft). Under subregulations 42ZC (3) and 42ZC (4) of CAR 1988, to conduct such maintenance the Part 145 organisation was required to also be the holder of a Certificate of Approval issued under regulation 30 of CAR 1988. Industry has asked CASA to remove what is perceived to be an onerous dual certificate obligation (CASA Project MS 13/09 refers) by way of legislative amendment.
Under regulation 341 of CAR 1988, which was made by the Civil Aviation Legislation Amendment (Maintenance and Other Matters) Regulation 2013, CASA introduced the ability for an AMO to be approved to carry out CAR maintenance. Under subregulation 202.806 (1) of CASR 1998, the applicant must satisfy CASA that its exposition complies with specific Part 145 Manual of Standards (MOS) requirements for CAR maintenance; as well as having facilities, equipment, tooling, materials and approved maintenance data that comply with the standards specified in the MOS.
This exemption instrument provides that an applicant may be exempted from compliance with paragraph 202.806 (1) (a) of CASR 1998, because the subject MOS legislative provisions have not yet been made.
Instrument
The exemption applies to an applicant who has lodged an application, in accordance with regulation 145.025 of CASR 1998, to be approved as a Part 145 organisation and who has also sought that the approval cover the undertaking of CAR maintenance activities. The applicant is exempt from compliance with paragraph 202.806 (1) (a) of CASR 1998, subject to the applicant satisfying CASA that the applicant has met the requirements of Temporary Management instruction – TMI 2015-002 issued by CASA on 23 March 2015. This means that CASA may approve an applicant to carry out Part 145 maintenance activities and CAR maintenance activities despite the applicant not satisfying Part 145 MOS requirements that relate specifically to the carrying out of CAR maintenance.
Legislative Instruments Act 2003 (the LIA)
For subsection 98 (5A) of the Act, CASA may, by instrument, grant an exemption from compliance with a provision of the regulations or the Civil Aviation Orders. An instrument issued under paragraph 98 (5A) (a) of the Act is a legislative instrument if the instrument is expressed to apply to a class of persons or aircraft. This exemption applies to all applicants who wish to become a Part 145 organisation who can also undertake CAR maintenance activities. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The instrument has been issued at the request of industry. The instrument is a temporary measure that allows CASA to approve Part 145 organisation applicants to also conduct CAR maintenance activities without requiring those applicants to meet Part 145 Manual of Standards requirements that relate specifically to CAR maintenance. In the medium term, CASA is working with industry to develop a legislative amendment to the Part 145 MOS to address matters that relate specifically to CAR maintenance. It is CASA’s view that it is not necessary or appropriate to conduct any further consultation under section 17 of the LIA.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
The OBPR assessed that, for CASA Project MS 13/09 and related legislative instruments, the proposals are of a minor nature and no further analysis in the form of a Regulation Impact Statement was required (OBPR id: 15279).
Making and commencement
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument commences on the day of registration and expires, as if it had been repealed by another instrument, at the earlier of: the end of April 2017; or the commencement of the Part 145 Manual of Standards Amendment Instrument 2015 (No. 1).
[Instrument number CASA EX56/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — from compliance with Part 145 Manual of Standards requirements for Part 145 organisations undertaking CAR maintenance activities
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
This legislative instrument exempts an applicant for approval to be a Part 145 organisation that covers CAR maintenance activities from the requirement to satisfy CASA that the applicant meets relevant requirements in the Part 145 Manual of Standards. The instrument allows the applicant to be approved as a Part 145 organisation that can undertake CAR maintenance activities subject to the condition that the applicant satisfies CASA that the requirements set out in Temporary Management Instruction – TMI 2015-002, issued by CASA on 23 March 2015, have been met.
The instrument is a temporary measure to remove what is perceived to be an onerous burden on industry while CASA works with industry to develop a legislative amendment to the Part 145 Manual of Standards.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority