Federal Register of Legislation - Australian Government

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CASA EX47/21 Exemptions as made
This instrument enables a particular class of persons to carry out, or supervise, maintenance on ex-armed forces, historic and replica aircraft.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 29 Apr 2021
Tabling HistoryDate
Tabled HR11-May-2021
Tabled Senate11-May-2021
To be repealed 30 Apr 2024
Repealed by Self Repealing

Instrument number CASA EX47/21

I, andrew melvin Sparrow, Acting Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under subregulations 42ZC (6) and 42ZC (8) of the Civil Aviation Regulations 1988 and regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed A. Sparrow]

Andrew Sparrow
Acting Executive Manager, National Operations & Standards

28 April 2021

CASA EX47/21 — Carrying Out and Supervising Maintenance (Ex-Armed Forces, Historic and Replicas of Class B Aircraft) Instrument 2021

1          Name

                 This instrument is CASA EX47/21 — Carrying Out and Supervising Maintenance (Ex-Armed Forces, Historic and Replicas of Class B Aircraft) Instrument 2021.

2          Duration

                 This instrument:

(a)   commences on 1 May 2021; and

(b)   is repealed at the end of 30 April 2024.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: aircraft welding authority, airworthiness authority, Australian territory, class B aircraft, ex-armed forces aircraft, experimental certificate, historic aircraft and limited category certificate.

carrying out maintenance on an aircraft has the meaning given by Part 3 of the CASR Dictionary.

relevant class B aircraft means any of the following aircraft that is operated under a limited category certificate or an experimental certificate:

(a)   an ex-armed forces aircraft;

(b)   an historic aircraft;

(c)   a replica of a class B aircraft.

supervising, in relation to maintenance being carried out, has the meaning given by Part 3 of the CASR Dictionary.

4          Authorisation and condition — carrying out maintenance on relevant class B aircraft

        (1)     For subregulations 42ZC (6) and 42ZC (8) of CAR, a person is authorised to carry out maintenance on an aircraft, that is a relevant class B aircraft, in Australian territory if the maintenance is carried out under the supervision of a person who holds:

(a)       an aircraft welding authority covering the maintenance; or

(b)      an airworthiness authority covering the maintenance; or

(c)       an authorisation under subregulation 42ZC (6) of CAR covering the maintenance.

        (2)     For paragraph (1) (a), an aircraft welding authority covers the maintenance if the authority is issued for the type of manual welding and the parent metal group that is appropriate to that kind of maintenance.

Note   Under paragraph 33D (6) (a) of CAR, CASA must, if it grants an aircraft welding authority, note the relevant type of manual welding and parent metal group on the authority.

5          Exemption — supervisor who holds an aircraft welding authority

        (1)     This section applies to a person (the supervisor) who supervises the carrying out of maintenance by a person authorised under subsection 4 (1), on the basis of holding an aircraft welding authority covering the maintenance.

        (2)     The supervisor is exempt from compliance with subregulation 33I (3) of CAR, to the extent that the subregulation requires the supervisor to meet a condition set out in the aircraft welding authority that prohibits them from supervising the carrying out of maintenance by a person authorised under subsection 4 (1).

6          Exemption and condition — supervisor who holds an airworthiness authority

        (1)     This section applies to a person (the supervisor) who supervises the carrying out of maintenance by a person authorised under subsection 4 (1), on the basis of holding an airworthiness authority covering the maintenance.

        (2)     The supervisor is exempt from compliance with subregulation 33B (4) of CAR, to the extent that the subregulation requires the supervisor to meet a condition of the airworthiness authority that prohibits them from supervising the carrying out of maintenance by a person authorised under subsection 4 (1).

        (3)     Subsection (4) applies to a supervisor who holds an airworthiness authority issued, in accordance with paragraph 3.2 of Civil Aviation Order 100.24, in respect of a maintenance function to be performed on:

(a)       a particular class B aircraft; or

(b)      a type, series or group of:

             (i)  class B aircraft; or

            (ii)  engine of class B aircraft; or

           (iii)  systems of class B aircraft; or

           (iv)  installations of class B aircraft.

        (4)     It is a condition on the exemption that the supervisor must not supervise the carrying out of maintenance by a person authorised under subsection 4 (1) unless the person is performing a maintenance function on:

(a)   a particular relevant class B aircraft, in respect of which the airworthiness authority was issued to the supervisor; or

(b)   a type, series or group of relevant class B aircraft, in respect of which the airworthiness authority was issued to the supervisor; or

(c)   an engine, system or installation of a relevant class B aircraft, in respect of which the airworthiness authority was issued to the supervisor.

Note   Under subregulation 33B (2) of CAR, an airworthiness authority may be issued subject to conditions specified in the airworthiness authority, in Civil Aviation Orders or in both.

7          Exemption — supervisor who holds an authorisation under subregulation 42ZC (6) of CAR

        (1)     This section applies to a person (the supervisor) who supervises the carrying out of maintenance by a person authorised under subsection 4 (1), on the basis of holding an authorisation under subregulation 42ZC (6) of CAR covering the maintenance.

   (2)     The supervisor is exempt from compliance with subregulation 42ZC (8) of CAR, to the extent that the subregulation requires the supervisor to meet a condition in the authorisation that prohibits them from supervising the carrying out of maintenance by a person authorised under subsection 4 (1).