Federal Register of Legislation - Australian Government

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CASA EX65/21 Exemptions as made
This instrument enables maintenance on manned free balloons, like maintenance on other class B aircraft, to be carried out by unlicensed persons who are authorised by the Civil Aviation Safety Authority and supervised by persons who are themselves qualified to perform the maintenance.
Administered by: Infrastructure, Transport, Regional Development, Communications and the Arts
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 21 Jun 2021
Tabling HistoryDate
Tabled HR23-Jun-2021
Tabled Senate24-Jun-2021
To be repealed 31 May 2024
Repealed by Self Repealing

Instrument number CASA EX65/21

I, CHRIStopher paul MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under subregulation 42ZC (6) of the Civil Aviation Regulations 1988 and regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed Christopher P. Monahan]

Christopher P. Monahan

Executive Manager, National Operations & Standards

21 June 2021

CASA EX65/21 — Maintenance on Manned Free Balloons (Authorisation of Persons and Exemption) Instrument 2021

1          Name

                 This instrument is CASA EX65/21 — Maintenance on Manned Free Balloons (Authorisation of Persons and Exemption) Instrument 2021.

2          Duration

                 This instrument:

(a)   commences on 1 July 2021; and

(b)   is repealed at the end of 31 May 2024.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, including manned free balloon defined in the CASR Dictionary, supervising defined in clause 30 of Part 3 of the CASR Dictionary and the following terms defined in regulation 2 of CAR: aircraft component, aircraft material and class B aircraft.

                 In this instrument:

authorised maintenance person means a person who, in accordance with section 4, is authorised for subregulation 42ZC (6) of CAR to carry out maintenance on:

(a)   a manned free balloon; or

(b)   an aircraft component or aircraft material of a manned free balloon.

class, of balloon, has the meaning given by regulation 5.01 of CAR.

COA means a certificate of approval granted by CASA under regulation 30 of CAR.

maintenance authority means an airworthiness authority issued by CASA under regulation 33B of CAR that authorises the carrying out of maintenance on manned free balloons.

qualified supervisor means a person who meets the requirements of section 7.

4          Authorisation

                 For subregulation 42ZC (6) of CAR:

(a)   a person who carries out maintenance on a manned free balloon under the supervision of a qualified supervisor is authorised for paragraph 42ZC (4) (e) of CAR to carry out the maintenance; and

(b)   a person who carries out maintenance on an aircraft component, or an aircraft material, of a manned free balloon under the supervision of a qualified supervisor is authorised for subregulation 42ZC (5) of CAR to carry out the maintenance.

5          Exemption of authorised maintenance person

                 An authorised maintenance person is exempt from complying with paragraph 42ZC (5) (a) of CAR to the extent that the person may carry out maintenance on an aircraft component, or aircraft material, of a manned free balloon.

6          Exemption of holder of maintenance authority

        (1)     A person holding a maintenance authority (the supervisor) who is supervising an authorised maintenance person is exempt from compliance with subregulation 33B (4) of CAR to the extent that the supervisor must not contravene any condition on the maintenance authority that prevents the supervision of maintenance.

        (2)     The exemption in subsection (1) is subject to the condition in section 7.

7          Condition

                 The supervisor must:

(a)       hold, or be an employee of a person who holds, a COA that covers maintenance of class B aircraft; and

(b)      if the authorised maintenance person is carrying out maintenance on a manned free balloon:

             (i)  hold a maintenance authority that authorises the carrying out of maintenance on balloons of the same class as the manned free balloon; or

            (ii)  be authorised by CASA for subregulation 42ZC (6) of CAR to carry out maintenance on balloons of the same class as the manned free balloon; and

(c)       if the authorised maintenance person is carrying out maintenance of an aircraft component or aircraft material of a manned free balloon — hold, or be an employee of a person who holds, a COA that covers maintenance of aircraft components or aircraft materials of that kind.