Explanatory Statement
Civil Aviation Safety Regulations 1998
Revocation of exemption from period that maintenance release is in force — instrument CASA EX05/06
Under subsection 98 (1) of the Civil Aviation Act 1988 (the Act) the Governor-General may make regulations for the Act and the safety of air navigation.
Legislation
Under subregulation 43 (5) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions specifying the period, or the maximum period, that a maintenance release of a kind specified in the direction is to be expressed to remain in force. Under paragraph 43 (11A) (a) of CAR 1988, a person must not contravene a direction.
Exemption power
Under regulation 11.160 of the Civil Aviation Safety Regulations 1998, CASA may, in relation to a particular aircraft, or a specified type or category of aircraft, exempt the aircraft, or persons in, on or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988.
Instrument CASA EX05/06
In 2006, CASA issued an instrument of exemption, CASA EX05/06, in relation to the period that a maintenance release was to be in force. The exemption was valid for 2 days but the instrument had no expiry date. There is an arguable case that the instrument stopped having effect at the end of the 2 days but to remove any doubt, the instrument is being revoked.
Legislative Instruments Act
The previous instrument, CASA EX05/06, was a legislative instrument. The repeal instrument is, therefore, legislative and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).
Consultation
Formal consultation under section 17 of the LIA has not been undertaken. This instrument repeals a previous instrument, CASA EX05/06, which is no longer required.
Compatibility with human rights and freedoms
This 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. The instrument does not engage any of the applicable rights or freedoms.
Commencement and making
The instrument comes into effect on the day after registration.
The revocation has been made by the Director of Aviation Safety in accordance with subsection 73 (2) of the Act.
[Instrument number CASA EX60/12]