Explanatory Statement
Civil Aviation Safety Regulations 1998
Amendment of instrument CASA 136/15 – Approval – alternate means of compliance issued by a foreign State of Design for an airworthiness directive issued by the foreign State of Design
Legislation
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor‑General may make regulations for the Act and the safety of air navigation.
Part 39 of the Civil Aviation Safety Regulations 1998 (CASR 1998) empowers CASA to issue Australian airworthiness directives in relation to aircraft and aeronautical products that require a method of maintenance or rectification. Regulation 39.003 prohibits the operation of an aircraft that is covered by an airworthiness directive unless the airworthiness directive has been complied with.
CASA may approve a means of compliance other than that set out in an airworthiness directive. This “alternate means of compliance” (AMOC) is issued where it would be appropriate to provide options for compliance where compliance may be costly, or if alternate compliance will achieve the same purpose taking into account newer technology or materials. Paragraph 39.004 (2) (a) of CASR 1998 empowers CASA to approve, in writing, an AMOC with an airworthiness directive for a particular aircraft or a particular aeronautical product. Paragraph 39.004 (3) (a) empowers CASA to approve, in writing, an AMOC with an airworthiness directive for a particular kind of aircraft or particular kind of aeronautical product.
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.
Instrument
CASA 136/15 is an instrument that establishes a regulatory framework for maintenance personnel where AMOCs (if any) for foreign airworthiness directives will be treated as the equivalent Australian airworthiness directive. CASA 136/15 requires, as a condition, that a person who chooses to rely on a foreign AMOC must, before relying on that AMOC, provide CASA with a copy of the foreign AMOC as well as details of the person’s proposed manner of compliance.
CASA has reviewed the operation of CASA 136/15 and has determined that the requirement imposed on industry to provide CASA with a foreign AMOC as well as details of proposed compliance creates an administrative burden, for industry and for CASA, that adds minimal enhancement to safety. Consequently, the purpose of the Amendment of instrument CASA 136/15 – Approval – alternate means of compliance issued by a foreign State of Design for an airworthiness directive issued by the foreign State of Design (the Amendment) is to remove this condition and to instead require that a copy of the foreign AMOC and details of the person’s manner of compliance be provided to CASA, only if requested by CASA.
Legislative Instruments Act 2003 (the LIA)
For paragraph 98 (5A) (b) of the Act, CASA may issue instruments relating to the airworthiness of, or design standards for, aircraft. Under subsection 98 (5B) of the Act, an instrument issued under paragraph 98 (5A) (b) is a legislative instrument if the instrument is, or relates to, an airworthiness directive, airworthiness standard or a design standard. However, under subsection 98 (5BA) of the Act, an instrument issued under paragraph 98 (5A) (b) is not a legislative instrument if the instrument is expressed to apply to a particular person, a particular aircraft or a particular aeronautical product.
The Amendment amends an existing legislative instrument that affects all foreign airworthiness directives issued before 1 October 2009. The Amendment is, therefore, a legislative instrument that is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
The Amendment removes the requirement for persons relying on CASA 136/15 to provide CASA with a copy of the foreign AMOC and the person’s proposed manner of compliance. Rather, under the amended instrument, this information is only required if requested by CASA, therefore, reducing the administrative burden on industry and on CASA. The amended instrument is beneficial to industry since aircraft maintenance personnel can simply refer to AMOCs issued by the foreign NAA for Australian compliance purposes. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.
Office of Best Practice Regulation (OBPR)
The Amendment is minor or machinery in nature and beneficial to industry. CASA issues airworthiness directives to address unsafe conditions on aircraft and aeronautical equipment. The review of these directives does not require a Regulation Impact Statement (RIS) because it is an obligation of Australia under the Chicago Convention and covered by a standing agreement between CASA and OBPR under which a RIS is not required (OPBR id: 14507).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument has been issued by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
The instrument commences on the day after registration.
[Instrument number CASA 07/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Amendment of instrument CASA 136/15 – Approval – alternate means of compliance issued by a foreign State of Design for an airworthiness directive issued by the foreign State of Design
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
The legislative instrument amends instrument CASA 136/15, which establishes a regulatory framework for maintenance personnel where compliance with a foreign alternate means of compliance (if any) for a foreign airworthiness directive will be treated as compliance with the equivalent Australian airworthiness directive. The amendment changes an existing reporting obligation to reporting only if requested by CASA, therefore, removing an unnecessary administrative burden.
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