CASA EX87/15 - Exemption — requirements for authorised release certificate

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L00745 Not in force Legislative Instrument

Legislation content

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

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to provide a regulatory framework ensuring the safety of air navigation in Australia. This legislative instrument, introduced by the Civil Aviation Safety Authority (CASA), aims to address the specific issue of maintaining leased aircraft under contractual arrangements that diverge from the standard requirements for an authorised release certificate (ARC). The exemption, detailed in CASA EX87/15, allows operators to proceed with maintaining leased aircraft while adhering to the maintenance release requirements stipulated in their leasing agreements, provided certain conditions are met to preserve air navigation safety. The exemption is valid for operators of Australian registered aircraft and is consistent with anticipated amendments to CASR 1998, reflecting industry practices. The legislative instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms under the international human rights instruments.

Scope and Application

The Civil Aviation Safety Regulations 1998 Exemption — requirements for authorised release certificate applies to operators of Australian registered aircraft who lease aircraft under contractual arrangements that specify the national aviation authority (NAA) responsible for issuing authorised release certificates (ARC) for aircraft components. The exemption allows these operators to maintain leased aircraft without requiring an ARC issued by the NAA of the country where the component was manufactured or where maintenance was performed, provided the component is accompanied by an ARC issued by the European Aviation Safety Agency (EASA) or the United States Federal Aviation Administration (FAA), subject to CASA-imposed conditions for safety. This exemption applies nationally within Australia and is intended to facilitate compliance with contractual leasing arrangements while preserving the safety of air navigation. The exemption is a legislative instrument under the Legislative Instruments Act 2003, as it applies to a class of persons, and is consistent with intended amendments to the Civil Aviation Safety Regulations 1998. It is issued under the authority of the Civil Aviation Act 1988 and is subject to conditions that are necessary to ensure the airworthiness of the aircraft components. The exemption is set to expire at the end of May 2018, as if it had been repealed by another instrument.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) and Civil Aviation Regulations 1988 (CAR 1988) provide the legal framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act, including those that pertain to the safety of air navigation. Subregulation 11.160(1) of the CASR 1998 empowers the Civil Aviation Safety Authority (CASA) to grant exemptions from certain provisions of the regulations, including those related to the Civil Aviation Orders. An exemption can be granted to a specific person or a class of persons, as defined by a characteristic or membership in a particular body. Subregulation 11.205(1) of the CASR 1998 allows CASA to impose conditions on an exemption if necessary for the safety of air navigation, and regulation 11.225 mandates that any exemption must be published on the Internet. The exemption will cease no later than three years after its commencement, unless a specific cessation date is mentioned in the exemption (subregulation 11.230(1)). The Act imposes several obligations on the parties and entities it governs. Firstly, it requires operators of leased aircraft to ensure that any aircraft component to which subregulation 42W(5) applies is not installed unless accompanied by an authorised release certificate (ARC) from the National Airworthiness Authority (NAA) of the country where the maintenance was carried out or the component was manufactured (paragraph 42W(4)(d) of CAR 1988). Regulation 42WA further outlines the requirements for an ARC, including that it must be issued by the NAA of the country where the maintenance was carried out or the component was manufactured (paragraph (1)(b)). The exemption issued under CASA EX87/15 allows operators to maintain leased aircraft according to the maintenance release requirements of leasing agreements, provided that the ARC is issued under an EASA or FAA approval and by a person authorised to do so by the NAA with oversight of the issuing organisation. This ensures the airworthiness of the aircraft components. Failure to comply with the requirements set forth in the Civil Aviation Safety Regulations 1998 and Civil Aviation Regulations 1988 can result in various civil and criminal consequences. The severity of the penalties depends on the nature and extent of the breach. Under the Civil Aviation Act 1988, CASA may impose administrative penalties, including fines, for non-compliance with the regulations. The maximum penalty for a serious contravention can be up to $1.1 million for corporations and $220,000 for individuals, as outlined in section 21 of the Act. Additionally, repeated or serious breaches may lead to more severe penalties, including imprisonment. The enforcement of these provisions is critical to maintaining the high safety standards required in the aviation industry.

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Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Exemptions & Exclusions
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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.