Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 001/17 — Repeal of Airworthiness Directive
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations. 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.
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. Regulation 39.001A of CASR 1998, defines “airworthiness directive” to include Foreign State of Design ADs issued on or after 1 October 2009. Accordingly, when a Foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft. However, CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD.
Repeal
This instrument repeals AD/R44/25 Amdt 2 because the requirements of AD/R44/25 Amdt 2 have been superseded by United States of America Federal Aviation Administration (FAA) AD 2016-26-04 issued on 15 December 2016 with an effective date of 8 February 2017.
FAA AD 2016-26-04 is available from the CASA and FAA websites.
Consultation
No public or other consultation has taken place on the repeal of AD/R44/25 Amdt 2 because the requirements of AD/R44/25 Amdt 2 have been superseded by FAA AD 2016‑26-04, which must now be complied with because it is a Foreign State of Design AD. For this reason, it is CASA’s view that it is not necessary or appropriate to undertake any consultation under section 17 of the Legislation 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 8 February 2017.
[Instrument number CASA ADCX 001/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 001/17 — Repeal of Airworthiness Directive
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 purpose of this legislative instrument is to repeal an airworthiness directive (AD) that has been superseded by a foreign State of Design AD issued by the national airworthiness authority of the State of Design of the aircraft or aeronautical product.
This AD relates to inspection and rectification or maintenance of specified aircraft or aeronautical products.
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 provide a regulatory framework that ensures the safety and efficiency of civil aviation in Australia. This legislation was introduced to address the need for comprehensive safety regulations governing the civil aviation sector, including the maintenance of aircraft and aeronautical products. The CASR 1998 is made under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for civil aviation safety. The policy objective behind the CASR 1998 is to align Australia's civil aviation safety regulations with international standards, thereby ensuring the safety of Australian airspace and protecting the public from aviation-related risks. One of the mechanisms through which these regulations are implemented is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The explanatory statement for CASA ADCX 001/17 outlines the repeal of a specific AD that has been superseded by a more recent directive from the United States Federal Aviation Administration (FAA). This repeal is necessary because the new FAA directive now contains the updated requirements that must be adhered to, thus ensuring that Australian aviation standards remain consistent with international practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 001/17, govern the scope and application of airworthiness directives (ADs) within Australia's civil aviation sector. These regulations apply to all persons and entities involved in the operation, maintenance, and manufacture of aircraft and aeronautical products registered in Australia, as well as to the aircraft and products themselves. The geographic reach of these regulations is national, aligning with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design and State of Registry have responsibilities for continuing airworthiness. The Act allows for the issuance of ADs by the Civil Aviation Safety Authority (CASA), which can apply to specific aircraft or aeronautical products, although they typically apply more broadly to types of aircraft unless explicitly stated otherwise. The instrument also allows for the exclusion of certain aircraft or products from ADs or the approval of alternative compliance methods, subject to CASA's discretion. Subordinate instruments may further extend or restrict the application of these regulations, aligning with international standards and practices.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) relevant to this legislation include sections 39.001 and 39.001A. Section 39.001 provides the authority for the Civil Aviation Safety Authority (CASA) to issue an airworthiness directive (AD) for a type of aircraft or aeronautical product, ensuring compliance with safety standards. Section 39.001A specifically defines "airworthiness directive" to include foreign State of Design ADs issued on or after 1 October 2009, which applies to aircraft on the Australian Register.
Under these provisions, CASA has a mandate to ensure the continuing airworthiness of aircraft and aeronautical products registered in Australia. This includes the obligation to issue and enforce ADs to maintain safety standards. Additionally, CASA can grant exclusions from ADs or approve alternative means of compliance when necessary, providing flexibility while maintaining safety.
The obligations imposed by this legislation require CASA to monitor and respond to ADs issued by foreign States of Design, particularly those issued by the United States Federal Aviation Administration (FAA). CASA must ensure that Australian-registered aircraft comply with these ADs, unless an exclusion is granted or an alternative compliance method is approved. This ensures that Australian aircraft meet the necessary safety standards and are consistent with international practices.
Breaching these regulations can result in civil or criminal consequences. For instance, failure to comply with an AD can lead to enforcement actions by CASA, including fines and potential grounding of the aircraft. The maximum penalties for non-compliance with airworthiness directives can vary but may include substantial fines for corporations and lesser penalties for individuals, depending on the severity of the breach and its impact on aviation safety.
The repealed AD/R44/25 Amdt 2 has been superseded by FAA AD 2016-26-04, which now governs the required safety measures for the specified aircraft or aeronautical products. This repeal ensures that the most current and effective safety standards are applied to Australian-registered aircraft, aligning with international best practices.