Federal Register of Legislation - Australian Government

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CASA EX82/20 Exemptions as made
This instrument allows the Civil Aviation Safety Authority to renew authorities for non-destructive testing of aircraft and aircraft components, and authorities for aircraft welding, that expire during a specified 6-month period, without requiring the authority holder to undergo certain face-to-face tests or examinations that cannot be carried out while COVID-19 restrictions are in place.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 28 May 2020
Tabling HistoryDate
Tabled HR10-Jun-2020
Tabled Senate10-Jun-2020
To be repealed 16 Sep 2020
Repealed by Self Repealing

Instrument number CASA EX82/20

I, SHANE PATRICK CARMODY, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 and regulation 33G of the Civil Aviation Regulations 1988.

[Signed S. Carmody]

Shane Carmody
Director of Aviation Safety

26 May 2020

CASA EX82/20 — Non-Destructive Testing and Aircraft Welding Authorities (Visual Testing) Exemption 2020

1          Name

                 This instrument is CASA EX82/20 — Non-Destructive Testing and Aircraft Welding Authorities (Visual Testing) Exemption 2020.

2          Duration

                 This instrument:

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

(b)   is repealed at the end of 16 September 2020.

3          Definitions

In this instrument:

aircraft welding authority means an authority to carry out manual welding granted under regulation 33D of CAR.

COVID-19 period means the period from 22 March 2020 to 16 September 2020.

NDT authority means an authority to conduct non-destructive testing of aircraft and aircraft components issued by CASA under regulation 33B of CAR.

visual acuity means a person’s near vision and colour perception, confirmed in accordance with paragraph 6.3 of Civil Aviation Order (CAO) 100.27.

4          Exemption — NDT authority renewals

   (1)    This section applies to the holder of an NDT authority that expires during the COVID-19 period.

   (2)    The holder is exempt from compliance with the following provisions of CAO 100.27 for the purposes of renewing the holder’s NDT authority:

(a)   subsection 10, to the extent that it requires the holder to undergo visual acuity tests in accordance with paragraph 6.1.2 of Australian Standard AS 3669;

(b)   paragraph 11.1, to the extent that it requires the holder to continue to satisfy the visual acuity requirements and to undergo the practical assessment requirements of Australian Standard AS 3669 for reapproval at the specific NDT qualification level;

(c)   subparagraphs 11.2 (c) and (d), to the extent that they require details of specific examinations for, and practical assessments of, visual acuity (as required under AS 3669);

(d)   paragraph 11.3.

   (3)     The exemptions in subsection (2) are subject to the conditions in section 5.

5          Conditions — NDT authority renewals

   (1)     The NDT authority holder must only exercise the privileges of the authority during the COVID-19 period under a certificate of approval.

   (2)     For the purposes of an application for renewal of an NDT authority that expires during the COVID-19 period, the application must be accompanied by any near vision test of the applicant, being a test conducted in accordance with Australian Standard AS 3669 and paragraph 6.3 of CAO 100.27 to show that the applicant meets the required standard of visual acuity, that has not already been provided to CASA.

6          Renewal of aircraft welding authority

   (1)    This section applies to the holder of an aircraft welding authority that expires in the COVID-19 period and who:

(a)   has exercised the privileges of the authority during the 24-month period before the COVID-19 period; and

(b)   only exercises the privileges of the authority under a certificate of approval.

   (2)    CASA considers that, for the purposes of the renewal of an aircraft welding authority under regulation 33G of CAR during the COVID-19 period, for the holder, no aircraft welding examinations are necessary in the interests of the safety of air navigation.