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CIVIL AVIATION REGULATIONS (AMENDMENT) 1997 NO. 111EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 111
Issued by the authority of the Minister for Transport and Regional Development
Civil Aviation Act 1988
Civil Aviation Regulations (Amendment)
Subsection 98 (1) 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. The Civil Aviation Regulations (the Regulations) have been made under that provision.
Previously, under the Regulations, the operator of a class A aircraft was required to appoint a maintenance controller for the aircraft and to have a maintenance control manual. The recent reports into the Monarch crash at Young and the Seaview crash have included recommendations that maintenance controllers for class A aircraft should be subject to approval by CASA. The Bureau of Air Safety Investigation has previously made similar recommendations.
These amendments of the Regulations give effect to these recommendations. Maintenance control manuals, as the basic document used by maintenance controllers, are an integral part of the maintenance system of class A aircraft. The amendments also include new provisions relating to these manuals under which the contents of the manual are required to be set out in detail. Provision has also been made for CASA to give directions to an operator to amend the manual and for CASA to inspect the manual.
DETAILS OF THE AMENDMENTS ARE AS FOLLOWS:
This regulation provides that the Civil Aviation Regulations (the Regulations) are amended as set out in these Regulations.
Regulation 2 inserts new definitions of "maintenance controller" and "maintenance control manual" in subregulation 2 (1) of the Regulations.
Regulation 3 omits the existing regulation 42ZV and substitutes 6 new regulations as follows:
* regulation 42ZV provides that the operator of a class A aircraft must appoint a maintenance controller for the aircraft and makes the appointment subject to CASA's approval;
* regulation 42ZW provides that CASA must approve the appointment if certain conditions are met and may make the approval subject to conditions;
* regulation 42ZX provides that CASA may suspend or cancel an approval on reasonable grounds and that appropriate notice of the suspension or cancellation must be given;
* regulation 42ZY provides for the matters that must be included in a maintenance control manual and that an operator must comply with the requirements of his or her maintenance manual;
* regulation 42ZZ provides that an operator must amend a maintenance control manual as necessary or if CASA directs that the manual be amended;
* regulation 42ZZA provides an operator must make the manual available for inspection by CASA.
Regulation 4 provides for decisions in relation to maintenance controllers to be "reviewable decisions" for the purposes of the Regulations.
Regulation 5 provides for savings and transitional matters in relation to existing maintenance controllers and maintenance control manuals.
The Regulations commenced on gazettal.