CASA EX56/15 - Exemption — from compliance with Part 145 Manual of Standards requirements for Part 145 organisations undertaking CAR maintenance activities

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Legislation au F2015L00509 Not in force Legislative Instrument

Legislation content

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

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation in Australia. These regulations were introduced under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. The Civil Aviation Safety Authority (CASA), as the regulator under this Act, is tasked with the responsibility of ensuring compliance with these regulations to maintain the highest standards of aviation safety. The CASR 1998 were designed to address gaps in safety compliance and to provide a comprehensive framework for maintaining aircraft and ensuring safe air navigation. The policy objective behind these regulations is to protect public safety by setting stringent standards and requirements for aircraft maintenance and operation. In response to industry feedback, the Civil Aviation Safety Regulations 1998 were amended to include an exemption from certain compliance requirements for Part 145 organisations undertaking Civil Aviation Regulations (CAR) maintenance activities. This exemption was introduced as a temporary measure to alleviate what the industry perceived as a burdensome dual certification process. The exemption allows applicants to be approved as Part 145 organisations capable of conducting CAR maintenance activities without immediately meeting specific Part 145 Manual of Standards requirements related to CAR maintenance, subject to compliance with Temporary Management Instruction – TMI 2015-002 issued by CASA. This legislative instrument is intended to facilitate smoother operations for industry while CASA collaborates with stakeholders to develop a more permanent legislative solution.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide that a person may apply to the Civil Aviation Safety Authority (CASA) for approval as a Part 145 organisation, which is defined as a person who holds an approval issued under regulation 145.030 to be a Part 145 organisation. An application for approval may also cover the undertaking of CAR maintenance activities, which include carrying out maintenance on a registered aircraft, certifying the completion of maintenance, issuing a maintenance release for an aircraft, endorsing a maintenance release, and issuing an authorised release certificate for an aircraft component. To be approved, the applicant must have an exposition that complies with the requirements specified in the Part 145 Manual of Standards relating to CAR maintenance activities, and facilities, equipment, materials, approved maintenance data, and tools that are suitable for undertaking CAR maintenance activities. However, applicants may be exempted from compliance with the relevant Part 145 Manual of Standards requirements if they satisfy CASA that they meet the requirements set out in Temporary Management Instruction – TMI 2015-002. This exemption applies to all applicants who wish to become a Part 145 organisation who can also undertake CAR maintenance activities and is a temporary measure while CASA works with industry to develop a legislative amendment to the Part 145 Manual of Standards. The exemption is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The exemption is compatible with human rights as it does not raise any human rights issues. The Civil Aviation Safety Regulations 1998 (CASR 1998) apply to all applicants who wish to become a Part 145 organisation who can also undertake CAR maintenance activities. The exemption applies to the Commonwealth of Australia and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The exemption does not apply to any particular person, entity, industry, conduct, or transaction. There are no exclusions, exemptions, or thresholds specified in the exemption. However, CASA may impose conditions on an exemption if necessary in the interests of the safety of air navigation. The 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.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for the approval of Part 145 organisations, which are approved maintenance organisations. Regulation 145.025 outlines the application process for such approval, requiring a written application that includes the applicant's proposed exposition, the approval rating sought, and details of the aircraft types or systems for which training is intended. Regulation 202.805 further specifies that an application can also cover the undertaking of CAR maintenance activities, which include maintenance on aircraft not subject to Part 42 of CASR 1998, certifying maintenance completion, and issuing maintenance releases. Subregulation 202.806(1) sets out the criteria CASA must consider when approving such applications, including compliance with the Part 145 Manual of Standards and the suitability of the applicant’s facilities and equipment. The obligations imposed by the Act and the CASR 1998 on Part 145 organisations and applicants include ensuring that their exposition and operational capabilities meet CASA’s specified standards. For applicants seeking approval to undertake CAR maintenance activities, this means demonstrating compliance with Temporary Management Instruction – TMI 2015-002, issued by CASA on 23 March 2015. This interim measure is intended to facilitate the approval process while CASA works on a legislative amendment to the Part 145 Manual of Standards. The regulation also mandates that any exemption granted by CASA must be published on the internet and can only remain in effect for a maximum of three years. The Act and the CASR 1998 impose potential penalties for non-compliance with the specified regulations and standards. While the specific penalties are not detailed in the provided text, breaches of aviation safety regulations generally can lead to enforcement actions, fines, or other penalties. The severity of these penalties depends on the nature and impact of the non-compliance. The temporary nature of the exemption suggests that ongoing compliance with the evolving standards will be critical, and failure to meet the future legislative requirements could result in revocation of approval or other sanctions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.