Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 001/21 — Repeal of Airworthiness Directive
AD/SUPP/22 Amdt 2
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. Regulation 39.001A of CASR, 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This instrument repeals AD/SUPP/22 Amdt 2 because the requirements of AD/SUPP/22 Amdt 2 have been superseded by United States of America Federal Aviation Administration (FAA) AD 2010-03-02 issued on 20 January 2010 with an effective date of 11 February 2010.
Consultation
No public or other consultation has taken place on the repeal of AD/SUPP/22 Amdt 2 because the requirements of AD/SUPP/22 Amdt 2 have been superseded by FAA AD 2010-03-02, which must now be complied with because it is a foreign State of Design AD. As the FAA AD has equivalent requirements to those of CASA AD/SUPP/22 Amdt 2 and to ensure no disadvantage to industry, CASA regards previous compliance with CASA AD/SUPP/22 Amdt 2 as constituting compliance with FAA AD 2010-03-02. 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 9 April 2021.
[Instrument number CASA ADCX 001/21]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 001/21 — Repeal of Airworthiness Directive
AD/SUPP/22 Amdt 2
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 is no longer required.
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) were enacted to provide comprehensive regulations for civil aviation safety in Australia, aligning with the Convention on International Civil Aviation and other international standards. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety. The Civil Aviation Safety Authority (CASA) has the authority under regulation 39.001 of the CASR to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft, aligning with international standards and practices. The repeal of Airworthiness Directive AD/SUPP/22 Amdt 2 under CASA ADCX 001/21 is a response to the supersession of its requirements by a more recent FAA directive, ensuring that Australian aviation safety standards remain up-to-date and aligned with international practices.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR) under the Civil Aviation Act 1988 apply to any person, entity, or industry involved in civil aviation operations within Australia, encompassing all aircraft, aeronautical products, and related activities. The Civil Aviation Safety Authority (CASA) is responsible for issuing airworthiness directives (ADs) to ensure the continuing safety and airworthiness of aircraft registered in Australia, including those manufactured by foreign states of design. The geographic and jurisdictional reach of these regulations is national, extending across the Commonwealth of Australia. Any exclusions or exemptions from these regulations would be specified within the subordinate instruments, such as ADs themselves, which may grant exclusions or alternative means of compliance. The repeal of AD/SUPP/22 Amdt 2, as detailed in CASA ADCX 001/21, illustrates how CASA exercises its power to modify or rescind airworthiness directives when superseded by foreign directives, ensuring that Australian aviation standards remain consistent with international practices. This legislative instrument repeals the previously applicable airworthiness directive because it has been superseded by a United States Federal Aviation Administration directive, thereby ensuring that the updated and equivalent safety requirements are met without necessitating additional consultation or a Regulation Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR) are amended by this legislation to repeal Airworthiness Directive (AD) AD/SUPP/22 Amendment 2 (paragraph 1). This repeal is due to the requirements of AD/SUPP/22 Amdt 2 being superseded by the United States of America Federal Aviation Administration (FAA) AD 2010-03-02, which was issued on 20 January 2010 and became effective on 11 February 2010 (paragraph 2). Given that FAA AD 2010-03-03 has equivalent requirements to those of AD/SUPP/22 Amdt 2, and to avoid any disadvantage to industry, the Civil Aviation Safety Authority (CASA) considers previous compliance with AD/SUPP/22 Amdt 2 as fulfilling the requirements of FAA AD 2010-03-02. Therefore, there was no need for further consultation under section 17 of the Legislation Act 2003 (paragraph 5).
The Civil Aviation Safety Authority (CASA) and the Office of Best Practice Regulation have a standing agreement under which a Regulation Impact Statement (RIS) is not required for ADs, as stipulated in OBPR id. 14507 (paragraph 7). Additionally, a Statement of Compatibility with Human Rights is provided in Attachment 1, confirming that the legislative instrument does not engage any of the applicable rights or freedoms as recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (paragraph 8).
The repeal of AD/SUPP/22 Amdt 2 imposes a requirement on the parties and entities governed by the Civil Aviation Safety Regulations 1998 (CASR) to now comply with FAA AD 2010-03-02 instead (paragraph 2). This change ensures that the continuing airworthiness of aircraft registered in Australia remains consistent with international standards set by the FAA, aligning with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design and the State of Registry have responsibilities for airworthiness.
In the event of non-compliance with the Civil Aviation Safety Regulations 1998 (CASR) or failure to adhere to the requirements of the repealed AD/SUPP/22 Amdt 2, parties or entities may face civil or criminal consequences. The specific offences and penalties are not detailed in the explanatory statement, but they are generally in line with the provisions of the Civil Aviation Act 1988 and associated regulations. Non-compliance could result in enforcement actions by CASA, including fines, penalties, or other administrative actions, depending on the severity of the breach.