CASA EX74/13 - Exemption — certificate of release to service – foreign approved maintenance organisations

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Legislation au F2013L01378 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption — certificate of release to service – foreign approved maintenance organisations

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations. Subsection 98 (5A) of the Act states that the regulations may empower CASA to issue an instrument relating to the safe navigation and operation, or the maintenance, of aircraft.

 

Permission to carry out maintenance

Under subsection 20AB (2) of the Act, it is an offence for a person to carry out maintenance on an Australian aircraft if the person is not permitted by or under the regulations to carry out the maintenance.

 

Before the commencement of the Civil Aviation Legislation Amendment (Miscellaneous) Regulation 2013 (the Amending Regulation), which commenced on 21 May 2013, regulations 42.295 and 42.300 of the Civil Aviation Safety Regulations 1998 (CASR 1998) permitted, for subsection 20AB (2) of the Act, approved maintenance organisations and independent maintainers to carry out maintenance on Australian aircraft.

 

Regulation 42.301 was inserted into CASR 1998 by the Amending Regulation. For
subsection 20AB (2) of the Act, it permits the carrying out of maintenance on an Australian aircraft outside Australian territory by organisations that are approved by the national airworthiness authority (NAA) of a foreign country to carry out that maintenance (foreign approved maintenance organisations). Those organisations must be approved to carry out the maintenance by the NAA of a foreign country that is specified by CASA in the Part 42 Manual of Standards, and there must be an arrangement between CASA and the NAA that permits the organisation to carry out the maintenance.

 

Certificate of release to service

Under subregulation 42.030 (1) of CASR 1998, the registered operator of an aircraft commits an offence if it operates the aircraft for a flight, or permits it to be operated for a flight, and a requirement mentioned in subregulation 42.030 (2) is not met for the aircraft before the flight commences. Paragraph 42.030 (2) (b) requires that, if maintenance has been carried out on the aircraft since it was last operated for a flight, a certificate of release to service (CRS) has been issued for the aircraft in relation to that maintenance.

 

The Dictionary for CASR 1998 defines a certificate of release to service for an aircraft to mean a document that complies with subregulation 42.760 (1) of CASR 1998. That subregulation requires a CRS to include certain authorisation numbers, such as the approval certificate reference number of the approved maintenance organisation, or the aircraft engineer, pilot or flight engineer licence number of the individual issuing the certificate.

 

Exemption

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 in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2) of CASR 1998, 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) of CASR 1998, 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.

 

Instrument

Under Subpart 42.H of CASR 1998, a CRS may only be issued by an approved maintenance organisation or an independent maintainer. A foreign approved maintenance organisation is unable to issue a CRS that complies with subregulation 42.760 (1).

 

This instrument exempts the registered operator of an aircraft from the requirement for a CRS to be issued for the aircraft in relation to maintenance carried out by a foreign approved maintenance organisation that is permitted by regulation 42.301 of CASR 1998 to carry out that maintenance.

 

The exemption is not subject to any conditions. However, the exemption only applies if there is an arrangement between CASA and the relevant NAA that permits the organisation to carry out the maintenance. In the interests of the safety of air navigation, it is expected that such arrangements will include a requirement for a foreign aircraft maintenance organisation to issue a document that is substantially similar to a CRS.

 

Legislative Instruments Act

Exemptions issued under regulation 11.160 of CASR 1998 are issued under subsection 98 (5A) of the Act. Subsection 98 (5AA) of the Act states that an instrument issued under paragraph 98 (5A) (a) is a legislative instrument if it applies to a class of persons or aircraft. This exemption applies to a class of persons and so is a legislative instrument. The instrument is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).

 

Consultation

CASA conducted consultation with the public and aviation industry participants on the Amending Regulation that included regulation 42.301 of CASR 1998 and commenced on 21 May 2013.

 

CASA considers that further consultation with the public and industry under section 17 of the LIA is not necessary or appropriate for the following reasons.

 

The exemption is of a minor and machinery nature, and is necessary for the proper implementation of regulation 42.301. The regulations do not generally allow a foreign approved maintenance organisation to issue a document with the content required for the document to be a CRS issued under CASR 1998. This instrument allows the operator of an aircraft on which maintenance has been carried out in accordance with regulation 42.301 to operate an aircraft for a flight without a CRS.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the proposal is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (OBPR id: 14507).

Statement of Compatibility with Human Rights

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

 

Making and commencement

The exemption has been issued by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

The exemption commences on the day of registration and stops having effect at the end of 30 June 2016, as if it had been repealed by another instrument.

 

[Instrument number CASA EX74/13]

Attachment 1

Statement of Compatibility with Human Rights

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

 

Exemption — certificate of release to service –
foreign approved maintenance organisations

 

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 the registered operator of an aircraft from the requirement for a certificate of release to service (CRS) to be issued for the aircraft in relation to maintenance carried out by a foreign approved maintenance organisation that is permitted by regulation 42.301 of the Civil Aviation Safety Regulations 1998 to carry out that maintenance.

 

A foreign approved maintenance organisation is unable to issue a CRS that complies with the regulations. Suitable alternative arrangements are expected to be made for those organisations to issue a document that is substantially similar to a CRS.

 

The purpose of this legislative instrument is to remove a practical impediment to the operation of regulation 42.301. That regulation permits the carrying out of maintenance on Australian aircraft outside Australian territory by appropriately approved foreign maintenance organisations.

 

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), as amended by the Civil Aviation Legislation Amendment (Miscellaneous) Regulation 2013, address the issue of foreign approved maintenance organisations conducting maintenance on Australian aircraft outside Australian territory. The Civil Aviation Act 1988 empowers the Governor-General to make regulations, including those that allow the Civil Aviation Safety Authority (CASA) to issue instruments related to aircraft safety. Prior to the 2013 amendment, approved maintenance organisations and independent maintainers were permitted to perform maintenance on Australian aircraft, but foreign approved maintenance organisations were not. The 2013 amendment inserted regulation 42.301 into the CASR 1998, permitting foreign approved maintenance organisations to perform maintenance under certain conditions, including an arrangement between CASA and the foreign national airworthiness authority (NAA). The exemption under consideration removes the requirement for a certificate of release to service (CRS) for aircraft maintained by these foreign organisations, provided there is an arrangement for them to issue a document substantially similar to a CRS. This exemption is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003. It has been deemed a minor and machinery exemption, thus not requiring further consultation or a Regulation Impact Statement. The instrument is compatible with human rights, as it does not engage any of the rights or freedoms recognised in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998), as amended, provide a framework for ensuring the safety and maintenance of aircraft within Australian territory and beyond. Specifically, Regulation 42.301, inserted by the Civil Aviation Legislation Amendment (Miscellaneous) Regulation 2013, permits foreign approved maintenance organisations, which are approved by the national airworthiness authority (NAA) of a foreign country specified by the Civil Aviation Safety Authority (CASA) and under an arrangement with CASA, to carry out maintenance on Australian aircraft outside Australian territory. This regulation aims to facilitate international aviation maintenance operations while maintaining stringent safety standards. However, as foreign approved maintenance organisations cannot issue a certificate of release to service (CRS) compliant with CASR 1998, this legislative instrument exempts the registered operator of an aircraft from the requirement for a CRS when maintenance is performed by such foreign organisations, provided there is an arrangement for these organisations to issue a substantially similar document. This exemption, which is subject to the Legislative Instruments Act 2003 and is classified as a legislative instrument, aims to ensure the smooth operation of Regulation 42.301 without compromising safety standards. The exemption is compatible with human rights, as it does not engage any applicable rights or freedoms under the international instruments recognised by the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide detailed provisions concerning the operation and maintenance of aircraft in Australia. Section 42.295 and 42.300 previously allowed only approved maintenance organisations and independent maintainers to carry out maintenance on Australian aircraft, while regulation 42.301, introduced by the Civil Aviation Legislation Amendment (Miscellaneous) Regulation 2013, allows foreign approved maintenance organisations to perform maintenance on Australian aircraft outside Australian territory, provided there is an arrangement between the Civil Aviation Safety Authority (CASA) and the relevant foreign national airworthiness authority (NAA). These organisations must be approved by the NAA of a foreign country specified by CASA in the Part 42 Manual of Standards. The obligations under the CASR 1998 require that before an aircraft is operated for a flight, a certificate of release to service (CRS) must be issued if maintenance has been carried out since the aircraft's last flight, as per subregulation 42.030(2)(b). The CRS must comply with subregulation 42.760(1), including the inclusion of specific authorisation numbers. Regulation 11.160 allows CASA to grant exemptions from certain provisions of the CASR 1998, subject to conditions in the interests of air navigation safety, and these exemptions must be published on the Internet and typically last no longer than three years. However, a foreign approved maintenance organisation cannot issue a CRS that complies with the requirements of subregulation 42.760(1). To address this, the Civil Aviation Safety Regulations 1998 have been amended to exempt the registered operator of an aircraft from the requirement for a CRS to be issued in relation to maintenance performed by a foreign approved maintenance organisation, provided that there is an existing arrangement between CASA and the relevant NAA. This exemption is intended to facilitate the operation of regulation 42.301 by removing a practical impediment. It is expected that such arrangements will include a requirement for the foreign organisation to issue a document substantially similar to a CRS. Failure to comply with the CASR 1998, including the requirements for a CRS, can result in offences under the Civil Aviation Act 1988. Specifically, subsection 20AB(2) makes it an offence for a person to carry out maintenance on an Australian aircraft without the appropriate permit or authorisation. While the exemption reduces the need for a CRS from a foreign approved maintenance organisation, the safety of air navigation remains paramount, and any non-compliance with the conditions of the exemption could still lead to enforcement actions under the Act. The maximum penalties for such offences are not specified in the provided text but can include substantial fines and potential imprisonment under Australian law.

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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.