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Legislative changes - Explanatory statementStatutory Rules 2002,No 320

Explanatory statement
Statutory Rules 2002, No 320

Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2002 (No. 8) (47K Adobe Acrobat file)
Attachment - Details of the Regulations (24K Adobe Acrobat file)

Issued by the Authority of the Minister for Transport and Regional Services

Explanatory Statement

Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.

Part 21 of the Civil Aviation Regulations 1998 (the Principal Regulations) deals with the certification and airworthiness requirements for aircraft and parts.

The Regulations rectify a number of drafting anomalies identified in Part 21 of the Principal Regulations and make consequential changes.

Regulation 21.1B of the Principal Regulations currently limits the application of the whole of Part 21 to certain categories of air navigation. The provision omits from the scope of Part 21 all air navigation conducted by individuals entirely within one State. This has an unintended effect that some classes of intra-State operations, such as sport aviation and aerial agricultural operations could effectively be excluded from important airworthiness requirements such as type certificates and certificates of airworthiness. It was not intended for Part 21 to be limited in this way. The Regulations repeal regulation 21.1B. The effect of the repeal ensures that Part 21 applies to all civil air navigation within Australia as originally intended.

There has been no provision in Part 21 of the Principal Regulations for CASA to issue a type certificate for imported aircraft engines or propellers that are not type certificated by the national aviation authority (NAA) of a recognised country (i.e. Canada, Germany, New Zealand, France, the Netherlands, the United Kingdom or the United States of America). While such aircraft engines or propellers can be approved under regulation 21.500A, they cannot be issued with a type certificate. Existing airworthiness standards require an aircraft engine or propeller to have a type certificate in order to enable the engine or propeller to be installed in a type-certificated aircraft. Therefore, an aircraft engine or propeller approved under regulation 21.500A cannot be used in a type-certificated aircraft. The Regulations amend regulation 21.29 to give CASA the power to issue a type certificate for these aircraft engines or propellers. The Regulations also amend regulation 21.31 to define what elements constitute the type design for aircraft engines or propellers type certificated under regulation 21.29.

Regulation 21.183 of the Principal Regulations deals with the issue of standard certificates of airworthiness. Subregulation 21.183(6) includes special requirements relating to passenger emergency exit requirements for transport category aeroplanes and was modelled on a similar provision in section 21.183 of the Federal Aviation Regulations. The provision was found to be redundant and has been the source of confusion in the industry. The provision is not considered necessary in Australia because the same requirement is currently included in an Australian general Airworthiness Directive and will eventually be included in a new Part 90 of the Principal Regulations, ("Additional Airworthiness Requirements"). The Regulations repeal sub-regulation 21.183(6) to remove confusion.

As the result of a recent amendment to section 20AA of the Civil Aviation Act 1988, the references to subsections 20AA(3) and 20AA(4) of the Act in subregulations 21.197(4) and 21.197(5) of the Principal Regulations are no longer correct. The Regulations amend these subregulations to make the correct reference to the Act.

The Office of Regulation Review (ORR) has determined the amendments are mechanical and minor in nature, do not have a direct or significant impact on business and do not restrict competition, and therefore a Regulation Impact Statement is not required.

Details of the Regulations are attached.

The Regulations commenced on gazettal.