AD/REC/1 Amdt 3 — Maintenance of Cockpit Voice Recording Systems

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2016L00149 Not in force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/REC/1 Amdt 3 — Maintenance of Cockpit Voice Recording Systems

 

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product. Therefore, this AD is a legislative instrument.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most International Civil Aviation Organization Contracting States.

 

The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft.

 

CASA issued AD/REC/1 Amdt 2 in 2015 to correct an unsafe situation on all aircraft with cockpit voice recording systems installed in compliance with Civil Aviation Order (CAO) 20.18. CASA has issued AD/REC/1 Amdt 3 to limit the AD’s applicability to aircraft to which Part 42 of CASR 1998 (Part 42) applies. For aircraft to which Part 42 does not apply, the requirements have been transitioned to Civil Aviation Order (CAO) 100.5.  This AD repeals and replaces the previous AD on this subject.

 

Consultation

As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from amending the AD applicability and thereby eliminating requirements duplicated in CAO 100.5, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments Act 2003.


Regulation Impact Statement

A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.

 

The instrument commences on 26 February 2016.

 

[Instrument number AD/REC/1 Amdt 3]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

AD/REC/1 Amdt 3 – Maintenance of Cockpit Voice Recording Systems

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

CASA issued AD/REC/1 Amdt 2 in 2015 to correct an unsafe situation on all aircraft with cockpit voice recording systems installed in compliance with Civil Aviation Order (CAO) 20.18. CASA has issued AD/REC/1 Amdt 3 to limit the AD’s applicability to aircraft to which Part 42 of CASR 1998 (Part 42) applies. For aircraft to which Part 42 does not apply, the requirements have been transitioned to Civil Aviation Order (CAO) 100.5. This AD repeals and replaces the previous AD on this subject.

 

The primary purpose of this legislative instrument is to limit the AD’s applicability to eliminate requirements duplicated in CAO 100.5.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation, providing a legal framework for the regulation of civil aviation in Australia. These regulations were introduced to address the need for comprehensive safety measures governing the operation of aircraft and related activities, thereby fulfilling the policy objective of maintaining high safety standards in the aviation industry. The Civil Aviation Act 1988 empowers the Governor-General to make regulations, including airworthiness directives (ADs), for the safety of air navigation. This legislative framework aims to ensure that all aircraft meet the necessary safety standards and that the continuing airworthiness of aircraft is maintained. AD/REC/1 Amdt 3, issued by the Civil Aviation Safety Authority (CASA), addresses an unsafe situation concerning cockpit voice recording systems on certain aircraft, refining the applicability of previous ADs and ensuring that safety requirements are effectively implemented without duplication across different regulatory instruments.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment 3 (AD/REC/1 Amdt 3) pertains to the maintenance of cockpit voice recording systems in aircraft. This legislative instrument applies specifically to aircraft that are subject to Part 42 of the Civil Aviation Safety Regulations 1998, which governs aircraft maintenance and airworthiness. This amendment was issued by the Civil Aviation Safety Authority (CASA) to address a previously identified unsafe condition, and it supersedes the previous amendment issued in 2015. The amendment aims to refine the scope of the airworthiness directive by limiting its applicability to those aircraft covered under Part 42, thereby avoiding redundancy with the requirements outlined in Civil Aviation Order (CAO) 100.5 for aircraft not covered by Part 42. The legislation is crafted under the authority of the Civil Aviation Act 1988, which empowers CASA to issue such directives in the interest of air navigation safety. The amendment is a legislative instrument, as defined by the Acts Interpretation Act 1901, and it commenced on 26 February 2016. This legislative instrument does not require further consultation or a Regulation Impact Statement, as it is considered a minor amendment that does not substantially alter existing arrangements. Additionally, it has been assessed for compatibility with human rights, and no adverse implications on human rights have been identified.

Key Provisions

The main operative sections of this legislation, AD/REC/1 Amdt 3, pertain to the maintenance of cockpit voice recording systems in aircraft. Specifically, the instrument limits the applicability of the airworthiness directive (AD) to aircraft governed by Part 42 of the Civil Aviation Safety Regulations 1998 (CASR 1998) (section 1). For aircraft not covered by Part 42, the requirements have been transitioned to Civil Aviation Order (CAO) 100.5 (section 1). This legislative instrument repeals and replaces the previous AD on this subject (section 1). The obligations and requirements imposed by this Act pertain primarily to the State of Registry of the individual aircraft, which is responsible for ensuring the continuing airworthiness of the aircraft. This includes maintaining compliance with the AD/REC/1 Amdt 3, specifically ensuring that the cockpit voice recording systems are maintained in accordance with the updated regulations (section 1). The State of Design is also responsible for providing necessary information to ensure the continuing airworthiness of the aircraft type (section 1). In terms of offences, penalties, or civil/criminal consequences for breach, the AD/REC/1 Amdt 3 does not specify any particular penalties. However, non-compliance with airworthiness directives can lead to severe consequences, including the potential grounding of the aircraft, fines, and other enforcement actions. The Civil Aviation Safety Authority (CASA) has the power to take enforcement action against any person who does not comply with the AD (section 33(3) of the Acts Interpretation Act 1901). In addition, CASA may issue a Notice of Violation for any non-compliance with the AD, which may result in further enforcement actions if not addressed (CASR 1998, regulation 39.001).

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.