Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — from paragraph 42.030 (2) (b) and subparagraph 42.030 (2) (e) (ii) of CASR 1998
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Exemptions
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 subregulation 11.160 (3), CASA may grant an exemption on its own initiative. 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), CASA may impose conditions on an exemption if this is necessary in the interests of the safety of air navigation. Under regulation 11.210, it is an offence to fail to comply with a condition of an exemption.
Under regulation 11.225, an exemption must be published on the World Wide Web. Under subregulation 11.230 (1), an exemption ceases on the day specified within it (but no longer than 2 years after its commencement), or if no day is specified, 2 years after commencement.
Under paragraph 42.030 (2) (b) of CASR 1998, the registered operator of an aircraft commits an offence if the operator operates the aircraft for a flight, or permits it to be operated for a flight and, before the flight commences, a certificate of release to service (CRS) has not been issued for the maintenance carried out on the aircraft.
The CRS must be issued by an approved maintenance organisation (AMO) in accordance with Subpart 42.H of CASR 1998.
However, during the 2 year transition period for implementation of Part 42, an aircraft to which Part 42 applies may still be maintained by a maintenance organisation approved under regulation 30 of CAR 1988 (the CAR 30 AMO). The CAR 30 AMO will not be able to issue a CRS under Part 42 as they will operate under CAR 1988.
It is, therefore, necessary to exempt the registered operator of an aircraft to which Part 42 applies from complying with paragraph 42.030 (2) (b) if the maintenance has been carried out by a CAR 30 AMO.
The instrument also exempts the registered operator of an aircraft to which Part 42 applies from complying with subparagraph 42.030 (e) (ii). That subparagraph requires that rectification of a defect not dealt with in the course of maintenance be deferred in accordance with Subdivision 42.D.6.1 of CASR 1998.
The exemption is issued subject to conditions that are equivalent to the conditions applicable to the issue of a CRS. In addition to the certification of completion of maintenance under CAR 1988, a final certification will also have to be entered in the flight technical log for the aircraft. In relation to deferral of rectification of a defect, the exemption sets out its own conditions, based on Subdivision 42.D.6.1.
The exemption has been issued until the end of 26 June 2013. After this period all maintenance providers for aircraft subject to Part 42 will have to be approved under Part 145 of CASR 1998.
Legislative Instruments Act
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. Regulation 11.215 of CASR 1998 declares an exemption to be a disallowable instrument. The exemption is, therefore, a legislative instrument and 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 because extensive consultation under section 17 of the LIA was undertaken before the introduction of Part 42 of CASR 1998. The issue of the exemption is consequential on the introduction of that Part and is intended to facilitate a smooth transition to the standards of Part 42.
The exemption has been issued 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 after registration and stops having effect at the end of 26 June 2013.
[Instrument CASA EX61/11]