Project OS 09/20 - Minor amendment to CAOs 82.1, 82.3 & 82.5 - Aircraft Lease
This project is now closed.
16 Apr 2010
This project is now completed. Refer Project Closure Notes for further information.
9 Nov 2009
Project closure notes
Amendment Orders to amend Civil Aviation Orders 82.1, 82.3 and 82.5 to enable CASA to review lease conditions in relation to all leased aircraft were registered on the Federal Register of Legislative Instruments on 12 April 2010 and came into effect on 13 April 2010.
- Civil Aviation Order 82.1 Amendment Order (No. 1) 2010 (FRLI number F2010L00693)
- Civil Aviation Order 82.3 Amendment Order (No. 1) 2010 (FRLI number F2010L00698)
- Civil Aviation Order 82.5 Amendment Order (No. 1) 2010 (FRLI number F2010L00701)
The Amendment orders can be found on the website.
Minor amendment to CAOs 82.1, 82.3 & 82.5 to impose a condition on an AOC by way of the Order to clarify CASA's authority to view/copy the operational and technical aspects of AOC aircraft lease documents.
ICAO Audit finding OPS/13 relates to lease conditions being reviewed prior to adding an aircraft to an AOC.
Section 28A (g) of the CAA requires CASA to review the terms of a foreign aircraft lease however, for Australian registered aircraft, there is no similar specific requirement. Considering the majority of aircraft leases apply to Australian registered aircraft, this is an obvious shortcoming.
Whilst not specifically identifying aircraft leases, Section 27AC (1) (c) of the CAA does require an operator to provided documents and information that is reasonably required by CASA to make an assessment in regard to an AOC.
The requirement to review all leases will be identified in Part 119. However, Part 119 is still in the development stage and is not forecast to be law for some time.
The addition of requirements to CAOs 82.1, 82.3 and 82.5, titled: 'Obligations in Relation to Leased Aircraft' would remedy this matter until the making of CASR Part 119. ?
The obligations could be detailed by a paragraph specifying that inspectors may review the operational and technical aspects of aircraft lease conditions to ensure that there are no limitations or clauses that might impact upon the safe operation of the aircraft.
Provide CASA inspectorate with unambiguous authority to review the operational and technical aspects of lease conditions to ensure that they do not impact upon the safe operation of an AOC aircraft.
CASA did not receive any feedback from the aviation industry.
CASA considers this to be a minor machinery amendment and so will not be consulting beyond the SCC and the CASA webpage and will not be publishing an NPRM for this project.
CAO's 82.1, 82.3 & 82.5
Project Leader: Andrew Ward
Project Stakeholder: Greg Hood, Executive Manager CASA Operations
Project Manager: Andrew Ward