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]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation, providing a comprehensive framework for the regulation of civil aviation in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue exemptions under certain conditions to maintain the safety of air navigation. One such exemption, issued under regulation 11.160 of the CASR 1998, allows aircraft operators to comply with leasing agreements that require aircraft components to be accompanied by an authorised release certificate (ARC) issued by the European Aviation Safety Agency (EASA) or the Federal Aviation Administration (FAA) of the United States, rather than by the National Airworthiness Authority (NAA) of the country where maintenance was carried out or the component was manufactured. This exemption aims to facilitate the leasing of aircraft while ensuring the airworthiness of components by imposing specific conditions that the ARC must be issued under an EASA or FAA approval and by a person authorised by the relevant NAA. The exemption, which applies to all operators, was introduced to align with intended changes to the Civil Aviation Regulations 1988 (CAR 1988) and to recognise accepted industry practices. It also serves as a renewal of a previous exemption that expired at the end of May 2012 and will remain in effect until the end of May 2015.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, include provisions that allow the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory requirements to ensure the safety of air navigation. Specifically, subregulation 11.160 of these regulations permits CASA to exempt persons or classes of persons from specified provisions of the Civil Aviation Safety Regulations 1998 or related orders if it is deemed necessary for the safety of air navigation. The exemption in question pertains to the requirement for an authorised release certificate (ARC) for aircraft components under paragraph 42W(4)(d) of the Civil Aviation Regulations 1988. This exemption applies to aircraft operators entering into leasing agreements that specify the need for an ARC issued by the European Aviation Safety Agency (EASA) or the Federal Aviation Administration (FAA) of the United States, regardless of the location where the maintenance was carried out or the component was manufactured. The exemption is issued with conditions that ensure the airworthiness of the components, such as requiring that the ARC be issued under an EASA or FAA approval and by a person authorised by the relevant National Airworthiness Authority (NAA). This exemption applies to all operators and is consistent with anticipated changes to the Civil Aviation Regulations 1988, recognising existing practices. The exemption is considered a legislative instrument under the Legislative Instrument Act, given it applies to a class of aircraft. It was issued without consultation under the Legislative Instrument Act, as it does not engage any human rights issues and is compatible with human rights. The exemption commenced on 1 June 2012 and will cease to have effect at the end of May 2015.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 provide a framework for ensuring the safety of air navigation. Specifically, subregulation 11.160(1) empowers the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory provisions, such as those in the Civil Aviation Regulations 1988 (CAR 1988) and Civil Aviation Orders, if it is in the interests of safety. This authority extends to both individual persons and classes of persons, which can be defined by various characteristics including membership in a specified body. Subregulation 11.205(1) further allows CASA to impose conditions on these exemptions if necessary for safety. The exemption in question, detailed under subregulation 11.230(1), is valid for up to three years from its commencement unless a specific end date is provided within the exemption itself. The exemption must also be published on the Internet as per regulation 11.225.
The obligations imposed by this exemption on the parties it governs are stringent and safety-focused. The primary obligation is that the operator must ensure that any aircraft component installed in the aircraft is accompanied by an authorised release certificate (ARC) that meets the criteria specified in the exemption. This ARC must be issued by the National Airworthiness Authority (NAA) of the country where maintenance was carried out or, if no maintenance has occurred, the NAA of the country where the component was manufactured. However, in this case, the exemption allows for ARCs issued by the European Aviation Safety Agency (EASA) or the Federal Aviation Administration of the United States of America (FAA), provided they comply with the specified conditions. These conditions include ensuring the ARC is issued under an EASA or FAA approval and by a person authorised by the relevant NAA. These measures are intended to maintain the airworthiness of the components and ensure compliance with the safety requirements outlined in the CAR 1988.
Failure to comply with the provisions of this exemption, or any breach of the conditions imposed, can lead to significant consequences. While the explanatory statement does not detail specific civil or criminal penalties for breach, general provisions within the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may apply. Offences related to safety can result in substantial fines and, in severe cases, imprisonment. Additionally, non-compliance can lead to the revocation of the exemption, grounding of aircraft, and potential legal action by CASA. Given the critical nature of aviation safety, the penalties are intended to enforce strict adherence to the regulatory framework.
In summary, the exemption issued under regulation 11.160 of the CASR 1998 provides a framework for allowing certain aircraft components to be installed without the traditional ARC requirements, provided specific conditions are met. These conditions ensure that the safety of air navigation is maintained and that the components remain airworthy. The exemption applies to all operators and is a legislative instrument under the Legislative Instruments Act, effective from 1 June 2012 until the end of May 2015. It also serves as a renewal of a previous exemption, CASA EX55/11, which expired at the end of May 2012.