Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to ensure the safety of civil aviation in Australia by carrying out and giving effect to the provisions of the Convention on International Civil Aviation, particularly in relation to safety. The Civil Aviation Safety Authority (CASA), under section 98 of the Civil Aviation Act 1988, has the power to issue airworthiness directives (AD) for specific types of aircraft or aeronautical products. However, under the Convention on International Civil Aviation, the State of Design has the overall responsibility for the continuing airworthiness of an aircraft type, and the State of Registry is responsible for the individual aircraft's continuing airworthiness. This legislative instrument, CASA ADCX 001/19, was introduced to repeal certain ADs that have been superseded by Transport Canada AD CF-2019-02 issued on 9 January 2019. This repeal aligns with the policy objective of ensuring that Australian aircraft comply with the most current and relevant safety requirements. The instrument was made by a delegate of CASA, relying on the power of delegation under subregulation 11.260(1) of CASR and subsection 94(1) of the Civil Aviation Act 1988, and it commenced on 23 January 2019.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR), under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for ensuring the safety of aircraft and aeronautical products. These ADs are legislative instruments unless they specifically apply to a particular person, aircraft, or product. The State of Design, as per Annex 8 to the Convention on International Civil Aviation, holds the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft, including applying Foreign State of Design ADs to aircraft registered in Australia. This legislation applies to all entities and individuals involved in the design, registry, and operation of aircraft in Australia, as well as to foreign airworthiness directives that affect Australian-registered aircraft. The repeal of certain ADs occurs when their requirements are superseded by equivalent or superior directives issued by foreign States of Design, such as Transport Canada AD CF-2019-02. The instrument was made under the delegation authority provided in the CASR and commenced on 23 January 2019, aligning with international safety standards and ensuring compliance with the Convention on International Civil Aviation.

Key Provisions

The key sections of the Civil Aviation Safety Regulations 1998 (CASR) that pertain to this legislation include section 98, which grants the Governor-General the power to make regulations for the purpose of carrying out and giving effect to the Convention on International Civil Aviation relating to safety, and regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for a type of aircraft or aeronautical product. Additionally, subsections 98 (5B) and (5BA) of the Civil Aviation Act 1988 (the Act) clarify that an AD is a legislative instrument unless it applies to a particular person, aircraft, or aeronautical product. Furthermore, under subsection 33 (3) of the Acts Interpretation Act 1901, the power to make, grant, or issue an instrument of a legislative or administrative character includes the power to repeal, rescind, revoke, amend, or vary such an instrument. The obligations and requirements imposed by this Act on the parties or entities it governs include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft, as per Annex 8. CASA is responsible for issuing ADs for a type of aircraft or aeronautical product and can grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD. The State of Registry must comply with ADs issued by the State of Design, which apply to Australian aircraft. The legislation outlines specific offences, penalties, and consequences for breaches. Although the explanatory statement does not specify the penalties, the general penalty for breaches of civil aviation regulations is outlined in the Civil Aviation Act 1988. For corporations, the maximum penalty is 500 penalty units (approximately AUD 50,000) for a strict liability offence and 1,000 penalty units (approximately AUD 100,000) for an offence requiring proof of fault. For individuals, the maximum penalty is 100 penalty units (approximately AUD 10,000) for a strict liability offence and 200 penalty units (approximately AUD 20,000) for an offence requiring proof of fault. Additionally, CASA can impose administrative penalties, such as fines or suspension of licences, for non-compliance with airworthiness directives. In summary, the Civil Aviation Safety Regulations 1998 provide the framework for the creation and enforcement of airworthiness directives, which are essential for maintaining the safety and airworthiness of aircraft. The obligations imposed on the parties and entities governed by the Act ensure that both the State of Design and the State of Registry work together to maintain the continuing airworthiness of aircraft. Failure to comply with the ADs and the requirements of the Act may result in civil and criminal penalties.