{"id":"F2024L00871","name":"CASA EX40/24 — Maintenance on Manned Free Balloons (Authorisation of Persons and Exemption) Instrument 2024","slug":"casa-ex40-24-maintenance-on-manned-free-balloons-authorisation-of-persons-and-exemption-instrument-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105296,"registerId":"commonwealth-F2024L00871-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX40/24 — Maintenance on Manned Free Balloons (Authorisation of Persons and Exemption) Instrument 2024","content":"Instrument number CASA EX40/24\n\nI, magdalene starke, Acting Manager, Legislative Drafting, Legal, International & Regulatory Affairs Division, 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 M. Starke\\]\n\nMagdalene Starke\n\nActing Manager, Legislative Drafting\n\nLegal, International and Regulatory Affairs Division\n\n5 July 2024\n\nCASA EX40/24 — Maintenance on Manned Free Balloons (Authorisation of Persons and Exemption) Instrument 2024\n\n1 Name\n\nThis instrument is CASA EX40/24 — Maintenance on Manned Free Balloons (Authorisation of Persons and Exemption) Instrument 2024.\n\n2 Duration\n\n(1) This instrument commences on the day after it is registered.\n\n(2) This instrument is repealed at the end of 31 May 2027.\n\n3 Definitions\n\n> Note In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations, including manned free balloon defined in the CASR Dictionary, supervising defined in clause 30 of Part 3 of the CASR Dictionary and the following terms defined in regulation 2 of CAR: aircraft component, aircraft material and class B aircraft.\n\nIn this instrument:\n\n> authorised maintenance person means a person who, in accordance with section 4, is authorised for subregulation 42ZC(6) of CAR to carry out maintenance on:\n\n(a) a manned free balloon; or\n\n(b) an aircraft component or aircraft material of a manned free balloon.\n\nCAR means the Civil Aviation Regulations 1988.\n\n> class, of balloon, has the meaning given by regulation 5.01 of CAR.\n\n> COA means a certificate of approval granted by CASA under regulation 30 of CAR.\n\n> > maintenance authority\n> \n>  means an airworthiness authority issued by CASA under regulation 33B of CAR that authorises the carrying out of maintenance on manned free balloons.\n\n> > qualified supervisor\n> \n>  \n> \n> > means a person who meets the requirements of section 7.\n\n4 Authorisation\n\nFor subregulation 42ZC(6) of CAR:\n\n(a) a person who carries out maintenance on a manned free balloon under the supervision of a qualified supervisor is authorised for paragraph 42ZC(4)(e) of CAR to carry out the maintenance; and\n\n(b) a person who carries out maintenance on an aircraft component, or an aircraft material, of a manned free balloon under the supervision of a qualified supervisor is authorised for subregulation 42ZC(5) of CAR to carry out the maintenance.\n\n5 Exemption of authorised maintenance person\n\nAn authorised maintenance person is exempt from complying with paragraph 42ZC(5)(a) of CAR to the extent that the person may carry out maintenance on an aircraft component, or aircraft material, of a manned free balloon.\n\n6 Exemption of holder of maintenance authority\n\n(1) A person holding a maintenance authority (the supervisor) who is supervising an authorised maintenance person is exempt from compliance with subregulation 33B(4) of CAR to the extent that the supervisor must not contravene any condition on the maintenance authority that prevents the supervision of maintenance.\n\n(2) The exemption in subsection (1) is subject to the condition in section 7.\n\n7 Condition\n\nThe supervisor must:\n\n(a) hold, or be an employee of a person who holds, a COA that covers maintenance of class B aircraft; and\n\n(b) if the authorised maintenance person is carrying out maintenance on a manned free balloon:\n\n(i) hold a maintenance authority that authorises the carrying out of maintenance on balloons of the same class as the manned free balloon; or\n\n(ii) be authorised by CASA for subregulation 42ZC(6) of CAR to carry out maintenance on balloons of the same class as the manned free balloon; and\n\n(c) if the authorised maintenance person is carrying out maintenance of an aircraft component or aircraft material of a manned free balloon — hold, or be an employee of a person who holds, a COA that covers maintenance of aircraft components or aircraft materials of that kind.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose: creating a supervised maintenance pathway specifically for manned free balloons. It does not expand to other aircraft types, does not modify the underlying licensing framework beyond the specific exemptions granted, and maintains the original sunset clause approach. The scope is precisely what the title suggests — authorisation of persons and exemption for balloon maintenance only."},"complexity_factors":["Short instrument: only 7 sections spanning 2 pages","Minimal defined terms: 6 explicit definitions plus 3 incorporated by reference from other instruments","Straightforward conditional structure: single main condition in section 7 with three sub-paragraphs (a), (b) and (c)","Limited cross-referencing: references to 3 external regulations (CAR 1988, CASR 1998) and 1 dictionary term, but no nested or recursive definitions","Clear temporal limitation: automatic repeal date specified (31 May 2027)","Single exemption mechanism: creates one authorisation pathway with one set of supervisor requirements","No exceptions to exceptions: section 7 conditions are absolute requirements without carve-outs or alternative compliance pathways"],"plain_english_summary":"This instrument creates a limited exemption allowing unlicensed people to perform maintenance on manned free balloons, provided they work under a qualified, legally responsible supervisor with the appropriate balloon maintenance authority or employer COA. It affects prospective balloon maintenance workers, the licensed supervisors who must oversee them, and balloon operators who rely on such work. The measure enables a supervised apprenticeship-style pathway due to a small pool of licensed engineers and expires 31 May 2027 for CASA review."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Compared with the baseline CAR obligations, this instrument expands who may lawfully perform maintenance on manned free balloons by authorising supervised persons and by exempting certain supervisors and authorised maintainers from specified CAR requirements (see sections 4–6). The expansion is conditional: supervisors must hold or be employed by holders of COAs or maintenance authorities and meet class-specific authorisations (section 7). The change is time-limited, ending 31 May 2027, creating a temporary carve-out from standard CAR compliance."},"complexity_factors":["Cross-references to multiple Civil Aviation Regulations (CAR) and CASR-defined terms, requiring readers to consult external instruments for full meaning.","Conditional exemptions (authorised maintenance person and supervising maintenance authority holder) depend on meeting layered criteria rather than a simple permission.","Qualification requirements for supervisors reference holding or being employed by a COA and holding or being authorised under maintenance authorities, producing multiple alternative compliance routes (see section 7).","Temporal limit to 31 May 2027 requires administrative tracking and potential renewal or transition planning.","Interplay between authorisation and exemption provisions creates potential ambiguity over which CAR conditions remain enforceable in specific maintenance scenarios.","Scope distinctions by balloon class and by whether work is on the balloon itself or its components/materials add categorical complexity for operators."],"plain_english_summary":"This instrument temporarily authorises people to perform maintenance on manned free balloons (and their components/materials) when supervised by a qualified supervisor, and exempts those persons and some supervisors from specified Civil Aviation Regulations. It starts the day after registration and ends on 31 May 2027.\n\nCASA controls authorisation through COAs and maintenance authorities; the measure reallocates compliance and supervisory responsibilities to supervisors and COA/authority holders, creating conditional exemptions and a limited-period regulatory carve-out."}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex40-24-maintenance-on-manned-free-balloons-authorisation-of-persons-and-exemption-instrument-2","history":"/api/acts/casa-ex40-24-maintenance-on-manned-free-balloons-authorisation-of-persons-and-exemption-instrument-2/history","analysis":"/api/acts/casa-ex40-24-maintenance-on-manned-free-balloons-authorisation-of-persons-and-exemption-instrument-2/analysis","conflicts":"/api/acts/casa-ex40-24-maintenance-on-manned-free-balloons-authorisation-of-persons-and-exemption-instrument-2/conflicts","importantCases":"/api/acts/casa-ex40-24-maintenance-on-manned-free-balloons-authorisation-of-persons-and-exemption-instrument-2/important-cases","documents":"/api/acts/casa-ex40-24-maintenance-on-manned-free-balloons-authorisation-of-persons-and-exemption-instrument-2/documents"}}