EXPLANATORY STATEMENT
CIVIL AVIATION REGULATIONS
EXEMPTION UNDER REGULATION 308
Regulation 308 of the Civil Aviation Regulations provides that the Civil Aviation Authority may exempt persons from compliance with specified provisions of the Regulation while they are in an aircraft. Such an exemption may be subject to safety conditions and is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Paragraph 24 (2) (b) (iii) of the Civil Aviation Regulations (the Regulations) provides that an applicant for a certificate of airworthiness must satisfy the Civil Aviation Authority (the Authority) that, in the case of an imported aircraft, the civil regulatory authority of the country from which the aircraft has been exported has issued a certificate with respect to the airworthiness of the aircraft.
In some cases it has been shown that it is not always possible to obtain such a certificate from the civil regulatory authority. This may occur if the aircraft in question has never been on the civil register of the country of export because it was operated by the military authority of the country.
This is the situation in the case of the 2 aircraft referred to in this exemption. They were previously operated by the Royal Jordanian Air Force and were not on the civil register of Jordan prior to export to Australia.
The purpose of this exemption is to exempt the applicant for an Australian certificate of airworthiness for the 2 aircraft from the requirements of paragraph 24 (2) (b) (iii) of the Regulations. The exemption is conditional on the applicant providing sufficient evidence to ensure that the aircraft conform to the type certificate for that type of aircraft and that they are airworthy. The Authority considers that such a condition is necessary in the interests of the safety of air navigation. The applicant has, in fact, demonstrated that the aircraft comply with this condition.
The attached instrument grants the necessary exemption.
Exemption Number 8/1992