Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — requirements for authorised release certificate
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A), CASA may grant an exemption from a provision of the Regulations, including the Civil Aviation Regulations 1988 (CAR 1988) or a provision of the Civil Aviation Orders, in relation to a matter mentioned in that subsection. Under subregulation 11.160 (2), 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, an exemption must be published on the Internet. Under subregulation 11.230 (1), 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.
Paragraph 42W (4) (d) of CAR 1988 requires that an aircraft component to which subregulation 42W (5) applies must not be installed in an aircraft unless the supplier of the component has supplied an authorised release certificate (ARC) with it. Regulation 42WA contains requirements for an ARC including, in paragraph (1) (b), a statement that it must be issued by the National Airworthiness Authority (NAA) of the country in which maintenance was carried out or, if no maintenance has been carried out, the NAA of the country in which it was manufactured.
The operator who had originally requested the exemption has entered into a contractual arrangement for leasing aircraft which requires all parts fitted to the aircraft to be accompanied by an ARC supplied as approved by the European Aviation Safety Agency (EASA) or the Federal Aviation Administration of the United States of America (FAA).
This arrangement does not refer to the location of the place where the maintenance was carried out or the component manufactured.
The exemption allows an ARC to be issued in accordance with that arrangement. The conditions of the exemption are that the operator must ensure that the ARC it obtains is issued under an EASA or FAA approval and that it has been issued by a person authorised to do so by the NAA that has oversight of the issuing organisation. These conditions are intended to guarantee the airworthiness of the component.
The exemption has been issued to all operators as it is consistent with intended changes to CAR 1988 and recognises accepted practice.
Legislative Instrument 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 (5A) (a) is a legislative instrument if it applies to a class of persons or a class of aircraft. This exemption applies to a class of aircraft and so is a legislative instrument.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The exemption will allow operators, where applicable, to maintain leased aircraft in accordance with leasing agreements and contains conditions to guarantee the safety of air navigation. It is also a renewal of exemption CASA EX55/11 which expired at the end of May 2012.
Human Rights Compatibility
This instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Commencement and making
The instrument commences on 1 June 2012. It stops having effect at the end of May 2015.
The exemption has been issued by a delegate of CASA under regulation 11.260 of CASR 1998.
[Instrument number CASA EX80/12]