Explanatory Statement
Civil Aviation Regulations 1988
Exemption — replacement components
Legislation
Section 98 of the Civil Aviation Act 1988 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’s 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.
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. As a legislative instrument, 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. It is a renewal of a previous instrument of exemption, CASA EX54/05, and is beneficial to industry.
The instrument commences on the day after it is registered and stops having effect at the end of 30 November 2009.
The exemption has been made by a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX58/07]