Legislative changes - Explanatory statementStatutory Rules 2003, No 297
Statutory Rules 2003, No 297
Issued by the authority of the Minister for Transport and Regional Services
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act, and regulations in relation to safety of air navigation, being regulations with respect to any other matter with respect to which the Parliament has power to make laws.
The Regulations rectify a number of deficiencies covering the manufacturing of aircraft parts found during the implementation of Part 21 of the Civil Aviation Safety Regulations 1998 (CASR), which deals with the certification and airworthiness requirements for aircraft and parts.
- give CASA the power to issue production certificates for manufacture of aircraft components for which a certificate of type approval (CTA) was in force prior to the commencement of CASR Part 21and for the manufacture of aircraft parts on a one-off basis in Australia;
- require a wider range of aircraft parts to be marked with identification information;
- give adequate legislative power for some practices used for the issue of an Australian Parts Manufacturer Approval (APMA); and
- set a time period for a holder of an Australian Technical Standard Order (ATSO) authorisation to give manufacturing records to CASA once it stops manufacturing.
Part 21 of the CASR was introduced in October 1998 as part of CASA's Regulatory Reform Programme. CASR Part 21 covers the requirements for certification and manufacture of aircraft and parts, and replaces the similar provisions previously contained in the Civil Aviation Regulations 1988 (CAR 1988).
Issue of a production certificate
Before the introduction of Part 21, any person could apply for a certificate of approval under regulation 30 of CAR 1988 to manufacture aircraft parts to approved designs. These designs include a certificate of type approval (CTA) issued under regulation 22 of CAR 1988, or a design of a modification or repair approved under regulation 35 of CAR 1988.
The transitional provision of regulation 318 of CAR 1988 specifies that all certificates of approval for the manufacture of aircraft, aircraft components or aircraft material under regulation 30 of CAR 1988 will expire on 1 December 2003. Persons holding such approvals have to apply for a manufacturing approval under Part 21 before that date.
However, some holders of these certificates of approval have not been able to apply for a manufacturing approval under Part 21 because they do not meet the eligibility criteria established for regulation 21.133 of the CASR.
- an aircraft component, for which a certificate of type approval (CTA) is in force, to a person who is entitled to manufacture the component; and
- parts on a one-off basis to design data approved by CASA or an authorised person for supply to approved maintenance organisations or owners/operators for maintenance of their aircraft.
The provision for a production certificate for manufacture of parts on a one-off basis will not replace the current provision for manufacture of parts in the course of maintenance by a maintenance organisation under paragraph 21.303(2)(a) or under the proposed CASR Part 145 'Maintenance Organisations' currently being developed by CASA under the Regulatory Reform Programme for making later this year.
Identification of aircraft parts
Subpart 21.Q currently only requires Australian Parts Manufacturer Approval (APMA) parts and critical parts to be marked with identification information. This creates a difficulty for the airworthiness control of other aircraft parts, as they are not easily identified.
The Regulations require the identification of other aircraft parts in addition to APMA parts and critical parts. These parts include parts covered by a CTA, parts manufactured on a one-off basis, and parts manufactured in the course of maintenance or by owners/operators. These parts must be marked with the trademark or name of the manufacturer, and the part number.
A part will be exempted from this requirement if it is impractical to mark on the part the required information because of the shape, size or nature of the part. If the part is manufactured under a production certificate, the required information must be included in an authorised release certificate accompanying the part.
Issue of an Australian Parts Manufacturer Approval (APMA)
CASA currently uses some practices for the issue of an APMA under Subpart 21.K, which are not explicitly supported by the regulations. These practices are used worldwide and are well accepted by the aviation industry.
- the applicant of an APMA to provide documentation of the Fabrication Inspection System (FIS);
- CASA or an authorised person to approve design data for an APMA;
- the holder of an APMA to notify CASA of changes in the FIS;
- an APMA to be issued with conditions in the interests of aviation safety; and
- an APMA to be amended at the request of the holder.
Time periods to provide records
The Minister for Transport and Regional Services made an undertaking to the Senate Standing Committee on Regulations and Ordinances to amend subregulation 21.613 (3) to provide for a time period in which a holder of an Australian Technical Standard Order (ATSO) authorisation can give records to CASA once it stops manufacturing. The Regulations amend subregulation 21.613 (3) to set the time period as 30 days.
The Office of Regulation Review (ORR) has assessed that the Regulations do not have a direct or significant indirect impact on business and do not restrict competition and that the preparation of a Regulation Impact Statement (RIS) is not mandatory.
Details of the Regulations are set out in the stat297attach.pdf.
The Regulations commenced on gazettal.