Commonwealth legislation

CASA EX80/12 - Exemption — requirements for authorised release certificate

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This instrument provides a safety valve for Australian aircraft operators who cannot obtain an Australian Authorised Release Certificate (ARC) for aircraft components.

Normally, operators must comply with strict Australian certification rules under the Civil Aviation Regulations 1988 when getting safety approvals for aircraft parts.

What this exemption does: If an operator genuinely cannot meet the Australian ARC requirements, they may use a foreign certificate instead—but only if it meets strict alternative standards. Specifically:

The certificate must be issued under an FAA (American) or EASA (European) approval system
The person issuing it must be properly authorised by their National Aviation Authority (NAA)

Key limitation: This exemption only applies when compliance with Australian rules is actually impossible, not merely inconvenient. It ensures aircraft can still access critical parts during supply shortages or logistical constraints while maintaining safety through recognised international standards.

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CASA EX80/12 - Exemption — requirements for authorised release certificate

Instrument number CASA EX80/12

I, Peter William Boyd, Executive Manager, Standards Division, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998.

[Signed P. Boyd]

Peter Boyd
Executive Manager

Standards Division

25 May 2012

Exemption — requirements for authorised release certificate

1 Duration

This instrument:

(a) commences on 1 June 2012; and

(b) stops having effect at the end of May 2015.

2 Application

This instrument applies to the requirements for the authorised release certificate (ARC) for an aircraft component.

3 Exemption

The operator of an Australian registered aircraft (the operator) is exempt from the requirements of paragraph 42WA (1) (b) of the Civil Aviation Regulations 1988 (CAR 1988) to the extent mentioned in Schedule 1.

4 Conditions

The exemption is subject to the conditions mentioned in Schedule 2.

Schedule 1 Extent of the exemption

The exemption must only be used if the operator is unable to comply with the requirements of paragraph 42WA (1) (b) of CAR 1988.

Schedule 2 Conditions

1 The operator must ensure that the ARC it obtains is issued under an EASA or FAA approval.

2 The operator must ensure that the ARC is issued by a person authorised to do so by the NAA that has oversight of the issuing organisation.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 CASA EX80/12 - Exemption — requirements for authorised release certificate