Explanatory Statement
Civil Aviation Regulations 1988
Direction — accomplishment of State of Design Airworthiness Directives for Airbus A380 and Boeing B787 aircraft
Legislation
Section 98 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.
Under subregulation 38 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may give directions relating to the maintenance of Australian aircraft for the purpose of ensuring the safety of air navigation.
Direction
There is a proposal to amend Part 39 of the Civil Aviation Safety Regulations 1998 to authorise all State of Design Airworthiness Directives (ADs). This instrument is an interim measure to allow Qantas Airways Limited and Jetstar Airways Pty Limited to carry out all State of Design ADs applicable to Airbus A380 and Boeing B787 aircraft.
Legislative Instruments Act
Under section 5 of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument if it is in writing, made in the exercise of a power delegated by the Parliament and is of a legislative character. An instrument made under regulation 38 of CAR 1988 is a legislative instrument. The direction is, therefore, a legislative instrument and is subject to tabling and disallowances in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has been undertaken with Qantas Airways Limited and Jetstar Airways Pty Limited.
Office of Best Practice Regulation (OBPR)
The OBPR does not require a Regulation Impact Statement because a preliminary assessment of the business compliance costs indicates that the amendment will have only a low impact on business.
The instrument commences on 5 August 2008.
The instrument has been made by a delegate of CASA under subregulation 7 (1) of CAR 1988.
[Instrument number CASA 397/08]