CASA EX96/16 - Exemption – Cessna 100 series aircraft operated in the private category – extension of Supplemental Inspection Document requirements

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

Legislation au F2016L01051 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

Exemption – Cessna 100 series aircraft operated in the private category – extension of Supplemental Inspection Document requirements

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations. Subregulation 11.160 (1) of the Civil Aviation Safety Regulations 1998 (CASR 1998) provides that, for subsection 98 (5A) of the Act, 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 (the CAOs), 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 of CASR 1998, 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.

 

The instrument provides an exemption from regulation 41 of CAR 1988, which requires that the holder of the certificate of registration for an aircraft must ensure that all maintenance required to be carried out, is carried out when required by the aircraft’s maintenance schedule. The effect of the exemption is to delay Supplemental Inspection Documents (SIDs) inspections until June 2018.

 

The exemption is subject to conditions. The holder of the certification of registration will need to establish from the maintenance records or by inspection, what SIDs tasks and structural inspections have been previously performed and what tasks are outstanding. They will also need to ensure that the aircraft’s Principal Structural Elements, have been visually inspected in accordance with the SIDs or the applicable Maintenance Schedule for the aircraft at its most recent periodic/ 100 hourly inspection. If there is any uncertainty as to whether that inspection was fully performed the PSE must be inspected before 30 June 2016 or before further flight after that date. This will ensure a satisfactory level of structural integrity is apparent in the airframe, to the satisfaction of the certifying aircraft engineer.

 

Finally, a written SIDs compliance plan will need to be developed by 30 June 2016, which requires all applicable SIDs requirements to be completed by 30 June 2018.

 

Legislative Instruments 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 aircraft and classes of persons and is accordingly a legislative instrument. As a legislative instrument, it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislation Act 2003 (the LA).

 

Consultation

Section 17(2) of the LA states (2)  In determining whether any consultation that was undertaken is appropriate, the rule-maker may have regard to any relevant matter, including the extent to which the consultation:

(a) drew on the knowledge of persons having expertise in fields relevant to the proposed instrument; and

(b) ensured that persons likely to be affected by the proposed instrument had an adequate opportunity to comment on its proposed content.

 

On 7 June 2016, CASA consulted with a number of chief engineers of maintenance organisations about the exemption. They represented a significant proportion of owners of affected aircraft as well as aircraft maintainers who have been performing SIDS inspections.

 

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 exemption is covered by a standing agreement between CASA and OBPR under which a RIS is not required for exemptions (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 instrument commences on the day of registration. It expires at the end of June 2018.

 

[Instrument number CASA EX96/16]

Attachment 1

Statement of Compatibility with Human Rights

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

Exemption – Cessna 100 series aircraft operated in the private category – extension of Supplemental Inspection Document requirements

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 legislative instrument is intended to allow persons carrying out maintenance on Cessna aircraft, or persons with responsibility for certifying the completion of maintenance to do so without complying with Cessna Single Engine Service Bulletin SEB03-1 Elevator Rivet Installation.

 

The exemption does not create any new obligations or liabilities but clarifies an existing requirement to comply with a document treated as a Supplemental Inspection Document.

 

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 ensure the safety of air navigation and the civil aviation sector, with the Civil Aviation Act 1988 providing the legal framework for these regulations. The Civil Aviation Safety Regulations 1998 (Exemption – Cessna 100 series aircraft operated in the private category – extension of Supplemental Inspection Document requirements) instrument, enacted by the Civil Aviation Safety Authority (CASA), addresses the need for a temporary exemption to existing Supplemental Inspection Document (SID) requirements for Cessna 100 series aircraft operated in the private category. This exemption, which is subject to specific conditions, aims to allow for a delay in SID inspections until June 2018, while ensuring the structural integrity of the aircraft is maintained. The instrument, as a legislative instrument, is subject to tabling and disallowance in Parliament and has undergone consultation with relevant experts and stakeholders. The Statement of Compatibility with Human Rights confirms that the exemption is compatible with human rights, as it does not engage any applicable rights or freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide exemptions for certain aviation activities, and this particular exemption extends the Supplemental Inspection Document (SID) requirements for Cessna 100 series aircraft operated in the private category. The exemption applies to aircraft owners, operators, and maintainers who hold a certificate of registration for these aircraft. It is a legislative instrument subject to tabling and disallowance in the Parliament under the Legislation Act 2003. The exemption delays SIDs inspections until June 2018, subject to specific conditions that require the inspection of principal structural elements and the development of a written SIDs compliance plan. The exemption applies nationally across Australia and is covered by a standing agreement with the Office of Best Practice Regulation, which exempts it from a Regulation Impact Statement. The exemption was developed after consultation with relevant stakeholders and is compatible with human rights, as it does not create new obligations or liabilities and does not engage any of the applicable rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under Section 11.160(1) allow the Civil Aviation Safety Authority (CASA) to grant exemptions from specific regulatory requirements, including the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Orders (CAOs), as long as it is in the interest of air navigation safety. Subregulation 11.160(2) specifies that such exemptions can apply to an individual or a group of individuals based on certain criteria. These exemptions may include conditions as stipulated in subregulation 11.205(1) to ensure safety, and they must be published on the internet as per regulation 11.225. The exemption granted under this instrument delays the requirement for Supplemental Inspection Document (SID) inspections for Cessna 100 series aircraft operated in the private category until June 2018, as per the exemption from regulation 41 of CAR 1988. This Act imposes several obligations on the holders of the certificate of registration for the affected aircraft. Firstly, they must verify through maintenance records or inspections that all necessary SID tasks and structural inspections have been performed and identify any outstanding tasks. The Principal Structural Elements (PSE) of the aircraft must have been visually inspected in accordance with the SIDs or the applicable maintenance schedule at the most recent periodic or 100-hourly inspection. If there is any doubt about the completeness of this inspection, the PSE must be inspected before 30 June 2016 or before any further flight after that date to ensure the airframe's structural integrity meets the standards set by the certifying aircraft engineer. Additionally, a written SIDs compliance plan must be developed by 30 June 2016, outlining the completion of all applicable SIDs requirements by 30 June 2018. Breach of these conditions could result in various civil or criminal consequences. While the specific penalties are not detailed in the document, the overarching framework under which CASA operates suggests that non-compliance with these requirements could lead to enforcement actions. Such actions might include fines, suspension or revocation of aircraft operating certificates, or other administrative penalties aimed at ensuring adherence to aviation safety standards. The exact penalties would depend on the severity and nature of the breach, but the overarching goal is to maintain the highest standards of air navigation safety. As a legislative instrument, this exemption is subject to the provisions of the Legislative Instruments Act, specifically subsection 98(5AA) of the Civil Aviation Act 1988, which mandates that such instruments be tabled and potentially disallowed by Parliament. This ensures that the legislative process remains transparent and accountable. Additionally, CASA's consultation process, as required by section 17(2) of the Legislation Act, involved key stakeholders, including chief engineers from maintenance organisations, to ensure that those likely to be affected had an opportunity to comment on the exemption's proposed content. This regulatory approach underscores the importance of stakeholder engagement in the rulemaking process.

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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.