Explanatory Statement
Civil Aviation Safety Regulations 1998
Exemption — requirements for authorised release certificate
Purpose
The purpose of this instrument is to allow operators to maintain lease aircraft in accordance with the maintenance release requirements of leasing agreements, subject to conditions in the interests of preserving the safety of air navigation.
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 (the 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.
Background
In 2011, Virgin Blue Airlines requested an exemption (CASA EX55/11 and CASA EX80/12 refer) from the requirements of paragraph 42WA (1) (b), after having entered into a contractual arrangement for leasing aircraft which required all parts fitted to the aircraft to be accompanied by an ARC supplied by the European Aviation Safety Agency (EASA) or the United States Federal Aviation Administration (FAA). The contractual arrangement did not refer to the location of the place where the component was manufactured or the place where the maintenance was carried out.
CASA EX87/15 is the latest issue in a series of continuing exemptions that allow an ARC to be issued in accordance with the maintenance requirements of such contractual arrangements. 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 ensure the airworthiness of the component.
The exemption has been issued broadly to all operators since it is consistent with intended amendments to CASR 1998 and recognises accepted industry practice. The introduction of the amendments have been delayed due to changing CASA priorities and resources, but are expected to be made no later than the expiry date of this instrument.
Legislative Instruments Act 2003 (the LIA)
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 a class of aircraft. This exemption applies to a class of persons, being the operators of an Australian registered aircraft, and so is a legislative instrument.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The exemption is a reissue of previous instruments on this subject (CASA EX55/11 and CASA EX80/12 refer) and is a widely accepted industry exemption.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998.
The exemption commences on 1 June 2015 and expires at the end of May 2018, as if it had been repealed by another instrument.
[Instrument number CASA EX87/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Exemption — requirements for authorised release certificate
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
The purpose of the legislative instrument is to allow operators who operate leased aircraft under leasing contract arrangements to conduct maintenance activities on the aircraft notwithstanding that components of the aircraft have not been issued with an authorised release certificate in accordance with the Civil Aviation Regulations 1988 (CAR 1988). Industry contracts on leased aircraft may nominate a national aviation authority (NAA), other than the NAA of the country in which the aircraft component was manufactured, to issue an ARC.
The instrument provides an exemption from the CAR 1988 requirement and is subject to a range of conditions that CASA has imposed in the interests of aviation safety.
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