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Civil Aviation Act 1988
CASA EX 12/97 Civil Aviation Act 1988 Civil Aviation Regulations 1988
Exemption number EX 12/97
Civil Aviation Act 1988
Civil Aviation Regulations 1988
Exemption - Class A aircraft used in private operations and maintenance controllers
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations.
Under regulation 308 of the Civil Aviation Regulations (the Regulations), CASA may exempt an aircraft, or aircraft of a specified class or category, or persons associated with the operation of such aircraft, from compliance with specified provisions of the Regulations. Such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Regulation 42ZV of the Regulations provides that the operator of a class A aircraft must appoint a person to be the maintenance controller of the aircraft. This provision was included in the Regulations to apply, principally, to operators engaged in commercial operations. It is considered that the regulation is inappropriate in the case of class A aircraft engaged in private operations. Regulation 42ZY of the Regulations provides that the operator of a class A aircraft must have a maintenance control manual. Similar considerations apply to the need for a manual as to the need for a controller.
CASA has decided therefore to exempt operators of class A aircraft engaged in private operations from these requirements. The exemption has the effect of harmonising the Australian requirements with those applicable in the USA. CASA considers that granting the exemption does not have any adverse effect on aviation safety.
The attached instrument gives effect to the exemption.
The exemption has been signed by the Director of Aviation Safety on behalf of CASA.
The exemption took effect on gazettal.