Federal Register of Legislation - Australian Government

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CASA EX65/20 Exemptions as made
This instrument enables a continuing airworthiness management organisation (CAMO) to extend the time for which an airworthiness review certificate (ARC) for an aircraft is in force a third time and for a maximum period of 6 months. Another purpose of the instrument is to enable a CAMO to extend the time for which an ARC for a relevant aircraft is in force, even though the aircraft may not be airworthy. This has arisen because of the COVID-19 pandemic, and consequent emergency situation in Australia.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 09 Apr 2020
Tabling HistoryDate
Tabled HR12-May-2020
Tabled Senate12-May-2020
To be repealed 31 Mar 2023
Repealed by Self Repealing

Instrument number CASA EX65/20

I, SHANE PATRICK CARMODY, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed S. Carmody]

Shane Carmody
Director of Aviation Safety

9 April 2020

Part 1 — Preliminary

1          Name

                 This instrument is CASA EX65/20 — Extension of Airworthiness Review Certificate (COVID-19) Exemption 2020.

2          Duration

                 This instrument:

(a)   commences on the day after it is registered; and

(b)   is repealed at the end of 31 March 2023.

Part 2 — Third extension of airworthiness review certificate for aircraft

3          Application

                 This Part applies if:

(a)   a continuing airworthiness management organisation (the organisation) for an aircraft has issued an airworthiness review certificate (the certificate) for the aircraft under regulation 42.840 of CASR; and

(b)   the organisation has, under regulation 42.875 of CASR, extended the time for which the certificate is in force for 2 consecutive periods; and

(c)   there remains a period of not more than 90 days before the certificate is due to expire; and

(d)   the organisation wishes, under regulation 42.875 of CASR, to further extend the time for which the certificate is in force.

4          Exemptions

        (1)     The organisation is exempt from compliance with:

(a)   subregulation 42.880 (4) of CASR to the extent the organisation further extends the time for which the certificate is in force; and

(b)   regulation 42.885 of CASR to the extent:

             (i)  under subregulation 42.875 (3) of CASR, an individual extends, on behalf of the organisation, the time for which the certificate is in force; and

            (ii)  the requirement mentioned in subregulation 42.880 (4) of CASR is not met in relation to the extension.

        (2)     An individual (the individual) who under subregulation 42.875 (3) of CASR extends, on behalf of the organisation, the time for which the certificate is in force is exempt from compliance with regulation 42.890 of CASR to the extent the requirement mentioned in subregulation 42.880 (4) of CASR is not met in relation to the extension.

        (3)     The exemptions stated in subsection (1) are subject to the conditions stated in section 5.

        (4)     The exemption stated in subsection (2) is subject to the condition stated in section 6.

Note   Subject to Part 3 of this instrument, the requirement, under subregulation 42.880 (5) of CASR, that the aircraft must be airworthy still applies in relation to the extension of the time for which the certificate is in force.

5          Conditions — organisation

        (1)     The organisation must only extend the time for which the certificate is in force once only and for a maximum period of 6 months.

        (2)     The organisation must ensure the individual only extends the time for which the certificate is in force once only and for a maximum period of 6 months.

6          Condition — individual

                 The individual must only extend the time for which the certificate is in force once only and for a maximum period of 6 months.

Note   As the certificate does not have a section for a third extension, under this Part, of the time for which the certificate is in force, the individual may comply with regulation 42.895 of CASR by:

(a)     signing anywhere on the certificate; and

(b)     recording anywhere on the certificate the date of the extension and the new date of expiry of the certificate.

Part 3 — Extension of airworthiness review certificate for relevant aircraft

7          Definition for Part 3

                 In this Part:

relevant aircraft means an aircraft that:

(a)   is not in operation; and

(b)   is parked in accordance with the storage requirements in the instructions for continuing airworthiness for the aircraft.

8          Application

                 This Part applies if:

(a)   a continuing airworthiness management organisation (the organisation) for an aircraft has issued an airworthiness review certificate (the certificate) for the aircraft under regulation 42.840 of CASR; and

(b)   the aircraft is a relevant aircraft; and

(c)   the organisation wishes, under regulation 42.875 of CASR, to extend the time for which the certificate is in force.

9          Exemptions

        (1)     The organisation is exempt from compliance with:

(a)   subregulation 42.880 (5) of CASR to the extent the organisation extends the time for which the certificate is in force; and

(b)   regulation 42.885 of CASR to the extent:

             (i)  under subregulation 42.875 (3) of CASR, an individual extends, on behalf of the organisation, the time for which the certificate is in force; and

            (ii)  the requirement mentioned in subregulation 42.880 (5) of CASR is not met in relation to the extension.

        (2)     An individual who under subregulation 42.875 (3) of CASR extends, on behalf of the organisation, the time for which the certificate is in force is exempt from compliance with regulation 42.890 of CASR to the extent the requirement mentioned in subregulation 42.880 (5) of CASR is not met in relation to the extension.

        (3)     To remove doubt, the exemptions stated in subsections (1) and (2) apply to a third extension, under Part 2, of the time for which the certificate is in force.