CASA EX97/09 - Exemption - to produce a modification or replacement part

Overview

The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety of air navigation through stringent regulations and standards. To address a specific gap in compliance, the Act includes provisions that allow the Governor-General to make regulations and for the Civil Aviation Safety Authority (CASA) to grant exemptions from certain regulatory requirements, thereby providing flexibility while maintaining safety standards. In this context, an exemption has been introduced to allow manufacturers who produce a modification or replacement part for sale or installation on a type certificated aircraft, aircraft engine, or propeller to comply with safety standards through a CASA approval instead of the Australian Parts Manufacturer Approval (APMA) process. This exemption, which is subject to disallowance by Parliament, aims to offer manufacturers an alternative compliance pathway, ensuring that safety standards are upheld through a different approval process.

Scope and Application

The exemption outlined under the Civil Aviation Act 1988 pertains to the production of modifications or replacement parts for sale or installation on type certificated aircraft, aircraft engines, or propellers. This exemption applies to manufacturers who produce such parts, allowing them to comply with safety standards through an alternative approval process rather than adhering strictly to the Australian Parts Manufacturer Approval (APMA) scheme. This alternative is provided through an approval issued by the Civil Aviation Safety Authority (CASA) in accordance with specific provisions of the Civil Aviation Safety Regulations 1998. The exemption applies to the class of persons who produce these parts and offers them an exemption from certain regulatory requirements if they follow the CASA approval process instead. The exemption is a legislative instrument, subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, although consultation was not undertaken in this instance. This exemption replaces a previous exemption, CASA EX50/07, which expired at the end of October 2009, and will cease to have effect at the end of October 2010.

Key Provisions

The Civil Aviation Act 1988 (the Act) and the Civil Aviation Safety Regulations 1998 (CASR 1998) together provide a comprehensive framework for the regulation of civil aviation in Australia. Section 98(1) of the Act allows for the making of regulations by the Governor-General in the interests of the safety of air navigation. Under subregulation 11.160(1) of the CASR 1998, the Civil Aviation Safety Authority (CASA) may grant an exemption from compliance with a provision of the CASR 1998, either for a specific class of persons or on its own initiative as stated in subregulation 11.160(2) and (3). This is an important provision, as it allows CASA to provide flexibility in regulation while maintaining safety standards. The key operative sections here are subregulation 11.160(1) and subregulation 21.303(1) of the CASR 1998. According to subregulation 11.160(1), CASA can grant exemptions from compliance with CASR 1998 provisions. Subregulation 21.303(1) specifies that it is an offence to produce a modification or replacement part for sale or installation on a type certificated aircraft, aircraft engine or propeller unless it is produced in accordance with an Australian Parts Manufacturer Approval (APMA) issued under Subpart 21.K of the CASR 1998. The exemption provided allows manufacturers who produce such modifications or replacements to comply instead with an approval issued in accordance with paragraph 21.305(e) of the CASR 1998, which allows for approval through means other than an APMA. The Act imposes certain obligations on the parties it governs. Manufacturers producing modifications or replacement parts for type certificated aircraft, engines, or propellers must comply with either the APMA requirements or the alternative approval process outlined in the exemption. This ensures that safety standards are maintained through compliance with appropriate approvals. Additionally, the exemption, as a legislative instrument, is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). This ensures that the exemption is subject to parliamentary scrutiny and oversight. The consequences for non-compliance with the provisions of the Act and CASR 1998 are significant. Under subregulation 21.303(1) of the CASR 1998, producing a modification or replacement part without the required approval is an offence. The penalties for such an offence can include substantial fines and, in some cases, imprisonment. The exact penalties can vary depending on the nature and severity of the breach. Moreover, the exemption is a disallowable instrument under the LIA, meaning that it can be subject to disallowance by Parliament, which would render it ineffective. In conclusion, the exemption under subregulation 11.160(1) of the CASR 1998 provides an alternative means of compliance for manufacturers producing modifications or replacement parts for type certificated aircraft, engines, or propellers. It allows these manufacturers to comply with CASA-issued approvals rather than the APMA requirements. However, the exemption is subject to parliamentary oversight and disallowance, and non-compliance with the provisions of the Act and CASR 1998 can result in significant penalties.