1CASA EX40/24 — Maintenance on Manned Free Balloons (Authorisation of Persons and Exemption) Instrument 2024

Instrument number CASA EX40/24

I, 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.

[Signed M. Starke]

Magdalene Starke

Acting Manager, Legislative Drafting

Legal, International and Regulatory Affairs Division

5 July 2024

CASA EX40/24 — Maintenance on Manned Free Balloons (Authorisation of Persons and Exemption) Instrument 2024

1 Name

This instrument is CASA EX40/24 — Maintenance on Manned Free Balloons (Authorisation of Persons and Exemption) Instrument 2024.

2 Duration

(1) This instrument commences on the day after it is registered.

(2) This instrument is repealed at the end of 31 May 2027.

3 Definitions

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.

In this instrument:

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:

(a) a manned free balloon; or

(b) an aircraft component or aircraft material of a manned free balloon.

CAR means the Civil Aviation Regulations 1988.

class, of balloon, has the meaning given by regulation 5.01 of CAR.

COA means a certificate of approval granted by CASA under regulation 30 of CAR.

maintenance authority

means an airworthiness authority issued by CASA under regulation 33B of CAR that authorises the carrying out of maintenance on manned free balloons.

qualified supervisor

means a person who meets the requirements of section 7.

4 Authorisation

For subregulation 42ZC(6) of CAR:

(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

(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.

5 Exemption of authorised maintenance person

An 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.

6 Exemption of holder of maintenance authority

(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.

(2) The exemption in subsection (1) is subject to the condition in section 7.

7 Condition

The supervisor must:

(a) hold, or be an employee of a person who holds, a COA that covers maintenance of class B aircraft; and

(b) if the authorised maintenance person is carrying out maintenance on a manned free balloon:

(i) hold a maintenance authority that authorises the carrying out of maintenance on balloons of the same class as the manned free balloon; or

(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

(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.