{"id":"F2024L01066","name":"CASA EX36/24 — Carrying Out and Supervising Maintenance (Ex-Armed Forces, Historic and Replicas of Class B Aircraft) Instrument 2024","slug":"casa-ex36-24-carrying-out-and-supervising-maintenance-ex-armed-forces-historic-and-replicas-of-class","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442551,"registerId":"F2024L01066-fast-fetch-1775957528679","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX36/24 — Carrying Out and Supervising Maintenance (Ex-Armed Forces, Historic and Replicas of Class B Aircraft) Instrument 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-description: Carrying Out and Supervising Maintenance (Ex-Armed Forces, Historic and Replicas of Class B Aircraft) Instrument 2024\ntitle: CASA EX36/24\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\nInstrument number CASA EX36/24\n\nI, STEVEN JAMES CAMPBELL, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under subregulation 42ZC(6) of the Civil Aviation Regulations 1988 and regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.\n\n[Signed S. Campbell]\n\nSteven Campbell  Executive Manager, National Operations & Standards\n\n28 August 2024\n\nCASA EX36/24 — Carrying Out and Supervising Maintenance (Ex-Armed Forces, Historic and Replicas of Class B Aircraft) Instrument 2024\n\nContents\n\nPage\n\n[1 Name](#_Toc172212578)\n\n[2 Duration](#_Toc172212579)\n\n[3 Definitions](#_Toc172212580)\n\n[4 Authorisation — carrying out maintenance on relevant class B aircraft](#_Toc172212581)\n\n[5 Exemption — supervisor who holds an aircraft welding authority](#_Toc172212582)\n\n[6 Exemption and condition — supervisor who holds an airworthiness authority](#_Toc172212583)\n\n[7 Exemption — supervisor who holds an authorisation under subregulation 42ZC(6) of CAR](#_Toc172212584)\n\n \n\n1 Name\n\n  This instrument is CASA EX36/24 — Carrying Out and Supervising Maintenance (Ex-Armed Forces, Historic and Replicas of Class B Aircraft) Instrument 2024.\n\n2 Duration\n\n  This instrument:\n\n(a) commences on the day after it is registered; and\n\n(b) is repealed at the earlier of the following:\n\n (i) the commencement of Parts 1 and 2 of Schedule 1 to the Civil Aviation Legislation Amendment (Part 43—Maintenance of Aircraft) Regulations 2024;\n\n (ii) the end of 31 July 2027.\n\n3 Definitions\n\nNote   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: aircraft welding authority, airworthiness authority, Australian territory, class B aircraft, ex-armed forces aircraft, experimental certificate, historic aircraft and limited category certificate.\n\ncarrying out maintenance on an aircraft has the meaning given by Part 3 of the CASR Dictionary.\n\nrelevant class B aircraft means any of the following aircraft that is operated under a limited category certificate or an experimental certificate:\n\n(a) an ex-armed forces aircraft;\n\n(b) an historic aircraft;\n\n(c) a replica of a class B aircraft.\n\nsupervising, in relation to maintenance being carried out, has the meaning given by Part 3 of the CASR Dictionary.\n\n4 Authorisation — carrying out maintenance on relevant class B aircraft\n\n (1) For subregulation 42ZC(6) of CAR, a person is authorised to carry out maintenance on a relevant class B aircraft in Australian territory if the maintenance is carried out:\n\n(a) under the supervision of a person who holds:\n\n (i) an aircraft welding authority covering the maintenance, as mentioned in subsection (2); or\n\n (ii) an airworthiness authority covering the maintenance; or\n\n (iii) an authorisation under subregulation 42ZC(6) of CAR covering the maintenance; and\n\n(b) in accordance with any conditions subject to which the authorisation mentioned in subparagraph (a)(i), (ii) or (iii) was given, other than a condition compliance with which is exempted under section 5, 6 or 7.\n\n (2) For subparagraph (1)(a)(i), an aircraft welding authority covers the maintenance if the authority is issued for the type of manual welding and the parent metal group that is appropriate to that kind of maintenance.\n\nNote   Under paragraph 33D(6)(a) of CAR, CASA must, if it grants an aircraft welding authority, note the relevant type of manual welding and parent metal group on the authority.\n\n5 Exemption — supervisor who holds an aircraft welding authority\n\n (1) This section applies to a person (a supervisor) who supervises the carrying out of maintenance by a person authorised under subsection 4(1), on the basis of holding an aircraft welding authority covering the maintenance.\n\n (2) The supervisor is exempt from compliance with subregulation 33I(3) of CAR, to the extent that the subregulation requires the supervisor to meet a condition set out in the aircraft welding authority that prohibits them from supervising the carrying out of maintenance by a person authorised under subsection 4(1).\n\n6 Exemption and condition — supervisor who holds an airworthiness authority\n\n Exemption\n\n (1) This section applies to a person (a supervisor) who supervises the carrying out of maintenance by a person authorised under subsection 4(1), on the basis of holding an airworthiness authority covering the maintenance.\n\n (2) The supervisor is exempt from compliance with subregulation 33B(4) of CAR, to the extent that the subregulation requires the supervisor to meet a condition of the airworthiness authority that prohibits them from supervising the carrying out of maintenance by a person authorised under subsection 4(1).\n\n Condition — supervisor who holds particular kind of airworthiness authority\n\n (3) Subsection (4) applies to a supervisor who holds an airworthiness authority issued, in accordance with paragraph 3.2 of Civil Aviation Order 100.24, in respect of a maintenance function to be performed on:\n\n(a) a particular class B aircraft; or\n\n(b) a type, series or group of:\n\n (i) class B aircraft; or\n\n (ii) engine of class B aircraft; or\n\n (iii) systems of class B aircraft; or\n\n (iv) installations of class B aircraft.\n\n (4) It is a condition on the exemption mentioned in subsection (2) that the supervisor must not supervise the carrying out of maintenance by a person authorised under subsection 4(1) unless the person is performing a maintenance function on:\n\n(a) a particular relevant class B aircraft, in respect of which the airworthiness authority was issued to the supervisor; or\n\n(b) a type, series or group of relevant class B aircraft, in respect of which the airworthiness authority was issued to the supervisor; or\n\n(c) an engine, system or installation of a relevant class B aircraft, in respect of which the airworthiness authority was issued to the supervisor.\n\nNote   Under subregulation 33B(2) of CAR, an airworthiness authority may be issued subject to conditions specified in the airworthiness authority, in Civil Aviation Orders or in both.\n\n7 Exemption — supervisor who holds an authorisation under subregulation 42ZC(6) of CAR\n\n (1) This section applies to a person (a supervisor) who supervises the carrying out of maintenance by a person authorised under subsection 4(1), on the basis of holding an authorisation under subregulation 42ZC(6) of CAR covering the maintenance.\n\n (2) The supervisor is exempt from compliance with subregulation 42ZC(8) of CAR, to the extent that the subregulation requires the supervisor to meet a condition in the authorisation that prohibits them from supervising the carrying out of maintenance by a person authorised under subsection 4(1).\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: facilitating maintenance of heritage and ex-military aircraft by allowing flexible supervision arrangements. It does not expand beyond the specific aircraft categories (ex-armed forces, historic, and replicas) and the specific supervisory exemptions outlined in the enabling regulations."},"complexity_factors":["Multiple overlapping regulatory frameworks referenced (CAR 1988, CASR 1998, and Civil Aviation Orders)","Nested conditional logic: authorisation depends on supervision, which depends on holding specific authorities, which are themselves subject to exemptions from conditions","Cross-references to external definitions in CASR Dictionary and CAR (e.g., 'carrying out maintenance', 'supervising', 'class B aircraft')","Specific exemption structure: exempts supervisors from compliance with subregulations that prohibit them from supervising unlicensed persons—creating a double-negative logical structure","Differential treatment of three supervisor types with varying conditions (welding authority exempted unconditionally; airworthiness authority exempted with additional conditions; 42ZC(6) authorisation exempted unconditionally)","Technical aviation terminology requiring domain knowledge (parent metal group, limited category certificate, experimental certificate, maintenance function)"],"plain_english_summary":"This instrument lets unlicensed people perform maintenance on ex‑military, historic and certain replica (Class B) aircraft operated under limited or experimental certificates, provided they are supervised by holders of specific CASA approvals (aircraft welding authority, airworthiness authority, or another authorised person). It exempts those supervisors from standard conditions that otherwise require them to supervise only licensed personnel, easing upkeep of heritage and recreational aircraft. The instrument expires in July 2027 or when new maintenance regulations take effect, whichever is earlier."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument creates a time‑limited authorisation under subregulation 42ZC(6) to allow persons to carry out maintenance on relevant Class B aircraft when supervised by specified authority‑holders (s4). It also grants targeted exemptions for supervisors from certain CAR conditions that would otherwise prohibit such supervision (ss5–7). Effectively, it broadens the circumstances in which supervision‑based maintenance is permitted for ex‑armed forces, historic and replica Class B aircraft until the instrument’s repeal or expiry (s2)."},"complexity_factors":["Multiple cross‑references to the Civil Aviation Regulations 1988 (CAR) and Civil Aviation Safety Regulations 1998 (CASR) (e.g. subreg 42ZC(6), subregs 33I(3), 33B(4), 42ZC(8)) which require readers to consult other instruments to understand obligations.","Several distinct supervisory authorisations are recognised (aircraft welding authority, airworthiness authority, or an authorisation under CAR 42ZC(6)), each with different coverage rules and conditional limits (s4(1)–(2), s6(3)–(4)).","Targeted exemptions that operate only “to the extent” of conflict with specific CAR subregulations create partial compliance rules rather than full waivers (ss5, 6, 7).","Temporal limitation and interaction with upcoming regulatory amendments create implementation uncertainty (duration tied to commencement of Parts 1 and 2 of Schedule 1 to the Civil Aviation Legislation Amendment (Part 43—Maintenance of Aircraft) Regulations 2024 or 31 July 2027) (s2).","Conditions on exemptions narrow scope (e.g. restriction that supervision under certain airworthiness authorities is limited to the particular aircraft/type/engine/system/installations stated on the authority) (s6(4)), increasing administrative tracking and compliance burden.","Delegated instrument-making (signed by CASA Executive Manager) concentrates decision‑making in agency discretion while relying on holders of existing authorities to self‑comply and supervise.","Readers must reconcile authority coverage (what welding type/parent metal group is required) with CASA’s notation practice under CAR (s4(2) and accompanying Note), adding technical complexity for maintenance planners."],"plain_english_summary":"This CASA instrument temporarily authorises people to carry out maintenance on ex‑armed‑forces, historic and replica Class B aircraft (operating under limited‑category or experimental certificates) when supervised by a person holding an aircraft welding authority, an airworthiness authority, or an authorisation under CAR subregulation 42ZC(6). It sets conditions that the supervised person must follow and grants limited exemptions for supervisors from certain prohibitions in CAR so supervisors can lawfully oversee that work. CASA (a delegated Executive Manager) made the instrument and it runs until specified regulatory changes or 31 July 2027."}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex36-24-carrying-out-and-supervising-maintenance-ex-armed-forces-historic-and-replicas-of-class","history":"/api/acts/casa-ex36-24-carrying-out-and-supervising-maintenance-ex-armed-forces-historic-and-replicas-of-class/history","analysis":"/api/acts/casa-ex36-24-carrying-out-and-supervising-maintenance-ex-armed-forces-historic-and-replicas-of-class/analysis","conflicts":"/api/acts/casa-ex36-24-carrying-out-and-supervising-maintenance-ex-armed-forces-historic-and-replicas-of-class/conflicts","importantCases":"/api/acts/casa-ex36-24-carrying-out-and-supervising-maintenance-ex-armed-forces-historic-and-replicas-of-class/important-cases","documents":"/api/acts/casa-ex36-24-carrying-out-and-supervising-maintenance-ex-armed-forces-historic-and-replicas-of-class/documents"}}