CASA EX58/14 - Exemption — design of modification or repair for an aircraft that is to be operated under a special flight permit

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L00975 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Exemption — design of modification or repair for an aircraft that is to be operated under a special flight permit

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.

 

Under subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may grant an exemption from compliance with a provision of CASR 1998. Under regulation 11.165, a person may apply for an exemption.

 

Under subregulation 11.170 (3) of CASR 1998, in deciding whether to grant an exemption, CASA must regard as paramount the preservation of an acceptable level of safety. 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 subregulation 21.009 (2) of CASR 1998, an approved design organisation (ADO), or an authorised person, must approve the technical data for a modification or repair design approval if, among other things, the design complies with the applicable airworthiness standards for the design.

 

Under regulation 21.437 of CASR 1998, an authorised person, or an ADO, must approve an application for a modification or repair design approval if, among other things, the design complies with the applicable airworthiness standards for the design.

 

Authorised persons and ADOs are often faced with applications to approve temporary modifications and repairs, for example, ferry tank installations, which will allow an aircraft to fly under the special flight permit provisions in regulation 21.197 of CASR 1998. Special flight permits may only be issued for limited purposes.

 

CASA recognises that it is often not possible or practicable for an operator to demonstrate strict compliance with all applicable airworthiness standards in the case of temporary modifications or repairs associated with operations under a special flight permit. Furthermore, regulation 21.197 of CASR 1988 specifically provides that a special flight permit may be issued for an aircraft that may not currently meet the applicable airworthiness requirements, but can reasonably be expected to be capable of safe flight for the intended purpose.

 

The exemption allows an authorised person, or ADO, to approve the design of a modification or repair which does not fully comply with all the applicable airworthiness standards. It is a condition that an authorised person, or ADO, must take into account any relevant consideration relating to the safe operation of the intended flight, including all hazards and risks, before approving the design of temporary modifications or repairs. Also, any aircraft fitted with such a modification or repair may only fly under a special flight permit.

 

Legislative Instruments Act

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 a class of aircraft. The exemption applies to a class of persons, being authorised persons and ADOs. The exemption is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2000 (the LIA).

 

Consultation

Consultation under section 17 of the LIA has not been undertaken in this case. The exemption is a re-issue of that part of CASA EX84/11 which dealt with special flight permits. CASA EX84/11 expired at the end of June. 

 

CASA EX84/11 also covered approvals associated with an experimental certificate for research and development or showing compliance with the regulations. Those approvals are now provided for by CASA EX180/12. There have been no substantial changes to the effect of the superseded exemptions in either case.

 

Human Rights Compatibility

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Commencement and making

The instrument commences on the day of registration and expires at the end of June 2016, as if it had been repealed by another instrument.

 

The direction has been issued by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.

 

[Instrument number CASA EX58/14]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

Exemption – design of modification or repair for an aircraft
that is to be operated under a special flight permit

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

The exemption allows an authorised person, or approved design organisation (ADO), to approve the design of a modification or repair of an aircraft, which does not fully comply with all the applicable airworthiness standards, to be operated under a special flight permit, subject to the condition that the safety of air navigation is not compromised. It is a condition that an authorised person, or ADO, must take into account any relevant consideration relating to the safe operation of the intended flight, including all hazards and risks, before approving the design of temporary modifications or repairs. Any aircraft fitted with such a modification or repair may only fly under a special flight permit.

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 Regulations 1988 were enacted to provide a comprehensive framework for the regulation of civil aviation safety in Australia. One specific issue these regulations sought to address was the approval of modifications or repairs for aircraft that are to be operated under a special flight permit. The problem identified was that it may not always be possible or practical for operators to demonstrate strict compliance with all applicable airworthiness standards in the case of temporary modifications or repairs necessary for such operations. To address this gap, the Civil Aviation Safety Authority (CASA) was empowered under the Civil Aviation Act 1988 to make regulations, including exemptions from compliance with certain provisions. This particular exemption allows authorised persons or approved design organisations to approve the design of modifications or repairs that do not fully comply with all applicable airworthiness standards, provided that the safety of air navigation is not compromised. The policy objective is to ensure that such modifications or repairs are approved with due consideration to the safe operation of the intended flight, including all hazards and risks, while maintaining an acceptable level of safety.

Scope and Application

The Civil Aviation Regulations 1988, specifically under the authority granted by Section 98 of the Civil Aviation Act 1988, provide for an exemption in the design of modifications or repairs for an aircraft that is intended to be operated under a special flight permit. This exemption applies to authorised persons and approved design organisations (ADOs), allowing them to approve designs that do not fully comply with all applicable airworthiness standards, provided the safety of air navigation is preserved. This approval is conditional upon considering all relevant safety factors before approving the design of temporary modifications or repairs, and such aircraft must only operate under a special flight permit. This exemption is applicable nationally, as it pertains to entities and individuals involved in the design and maintenance of aircraft within Australia. The exemption is subject to the Legislative Instruments Act, which governs the tabling and disallowance of such instruments in Parliament. The exemption is effective from the date of its registration and will expire at the end of June 2016, unless repealed earlier. Additionally, the instrument has been declared compatible with human rights, indicating no adverse implications on the rights and freedoms recognised under relevant international instruments.

Key Provisions

The Civil Aviation Regulations 1988, specifically subregulation 11.170(3) (CASR 1998), empower the Civil Aviation Safety Authority (CASA) to grant exemptions from compliance with certain provisions of the regulations. This particular exemption, as detailed in section 21.009(2) (CASR 1998), allows an authorised person or an approved design organisation (ADO) to approve the design of a modification or repair of an aircraft that does not fully comply with all applicable airworthiness standards. This is subject to the condition that the safety of air navigation is not compromised, and that any aircraft fitted with such a modification or repair may only fly under a special flight permit. The obligations imposed on authorised persons and ADOs by this exemption include ensuring that they take into account all relevant considerations relating to the safe operation of the intended flight, including all hazards and risks, before approving the design of a temporary modification or repair. The exemption is subject to the overarching principle that the preservation of an acceptable level of safety must be regarded as paramount when deciding whether to grant the exemption, as outlined in subregulation 11.160(1) (CASR 1998). Additionally, CASA may impose conditions on the exemption if this is necessary in the interests of the safety of air navigation, as stated in subregulation 11.205(1) (CASR 1998). There are no specific offences, penalties, or civil/criminal consequences outlined for breach of this exemption within the provided text. However, under subregulation 11.205(1) (CASR 1998), CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation, suggesting that any breach could potentially lead to revocation or modification of the exemption. Given that CASA has the authority to grant exemptions under subregulation 11.160(1) (CASR 1998), failure to adhere to the conditions set for such exemptions could result in CASA declining to approve future exemption requests from the offending party. This could significantly impact their ability to operate under special flight permit provisions.

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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.