Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 001/20 — Repeal of Airworthiness Directives AD/PA-31/51 Amdt 1, AD/PA-31/101 Amdt 4, and AD/PA-31/102 Amdt 3
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), The Civil Aviation Safety Authority (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. When a foreign State of Design issued an AD before 1 October 2009 for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the foreign State of Design.
Repeal
This instrument repeals AD/PA-31/51 Amdt 1, AD/PA-31/101 Amdt 4 and AD/PA‑31/102 Amdt 3 because the requirements of AD/PA-31/51 Amdt 1, AD/PA‑31/101 Amdt 4 and AD/PA-31/102 Amdt 3 have been superseded by CASA AD AD/PA-31/132 issued on 21 January 2020 with an effective date of 29 February 2020, which mandates the requirements of United States of America Federal Aviation Administration AD 82-27-13 R2.
Consultation
No public or other consultation has taken place on the repeal of AD/PA-31/51 Amdt 1, AD/PA-31/101 Amdt 4 and AD/PA-31/102 Amdt 3 as these ADs have been replaced by AD/PA-31/132 which must now be complied with because it is an Australian 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 (OBPR 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 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 Act.
The instrument commences on 29 February 2020.
[Instrument number CASA ADCX 001/20]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 001/20 — Repeal of Airworthiness Directives
AD/PA-31/51 Amdt 1, AD/PA-31/101 Amdt 4 and AD/PA-31/102 Amdt 3
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 three Civil Aviation Safety Authority (CASA) airworthiness directives (ADs) that have been superseded by one CASA AD.
These ADs relate 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