Explanatory Statement
Civil Aviation Regulations 1988
Revocation of Airworthiness Directives
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Under the previous subregulation 39.001(5) of CASR 1998, an AD was a legislative instrument. This is still the situation under subsection 98(5B) of the Act.
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 ICAO 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 State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must accept that AD. State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
AD/A320/147 Amdt 2
A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been superseded by EASA AD 2012-0008 issued on
16 January 2012.
Consultation
Foreign State of Design ADs are defined as ADs by CASR regulation 39.001A. Therefore if an Australian AD has its requirements superseded by the requirements of a State of Design AD, those requirements may under regulation 39.001A be given effect to without public consultation.
The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This 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.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
This AD cancellation has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
[Instrument number CASA ADCX 002/12]
Overview
The Civil Aviation Regulations 1988 were enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the aviation sector. The revocation of Airworthiness Directives, as detailed in the Explanatory Statement F2012L00079, addresses the need to update and manage aviation safety standards efficiently by removing outdated or superseded directives. The Australian Parliament established the Civil Aviation Safety Authority (CASA) to oversee the implementation of these regulations, with a mandate to enhance the safety of air navigation and the continuing airworthiness of aircraft. The policy objective is to align Australia's aviation safety directives with international standards and practices, ensuring that they remain current and effective in safeguarding public safety. The instrument ensures compatibility with human rights and freedoms, as it has been determined that it does not engage any of the applicable rights or freedoms, thereby maintaining compliance with the international instruments recognised in the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Civil Aviation Regulations 1988 apply to the revocation of airworthiness directives (ADs) as per the Civil Aviation Act 1988, focusing on ensuring the safety of air navigation. This legislation applies to entities such as aircraft manufacturers, operators, and regulatory authorities, particularly in relation to the continuing airworthiness of aircraft. The jurisdictional reach of the Act is national, with the Civil Aviation Safety Authority (CASA) serving as the national airworthiness authority in Australia. The scope includes any aircraft registered in Australia and any ADs issued by the State of Design that affect those aircraft. ADs issued on or after 1 October 2009 are defined by the Civil Aviation Safety Regulations Part 39.001A, and the revocation of these directives is subject to the Act. While the Act extends its application through subordinate instruments such as the Civil Aviation Safety Regulations 1998, it does not require public consultation if superseded by a State of Design AD. The revocation of ADs does not necessitate a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and is deemed compatible with human rights and freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Civil Aviation Regulations 1988, as amended, address the revocation of specific Airworthiness Directives (ADs) related to aircraft. Section 39.001A, under the Civil Aviation Safety Regulations 1998, mandates that the Civil Aviation Safety Authority (CASA) can issue ADs for certain aircraft types or aeronautical products, which must be accepted by CASA when issued by the aircraft's State of Design. Notably, any AD issued by a State of Design on or after 1 October 2009 is considered an AD under CASR Part 39.001A. However, when such ADs are superseded by subsequent ADs, CASA can enforce the newer requirements without the need for public consultation, as per regulation 39.001A.
The obligations imposed by the Act and associated regulations require CASA to act in the interests of safety, ensuring that ADs issued by States of Design are implemented. CASA must accept and enforce ADs from the aircraft's State of Design, reflecting the international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type. Additionally, the State of Registry, in this case CASA, is responsible for ensuring the continuing airworthiness of individual aircraft registered in Australia.
The regulations also establish a framework for dealing with superseded ADs. When an Australian AD is superseded by a State of Design AD, CASA can implement the new requirements without requiring public consultation. This streamlined process ensures that safety standards are promptly updated and enforced, reflecting the latest technical and safety requirements. Importantly, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, facilitating quicker adjustments to airworthiness standards.
In terms of legal consequences, the Act does not explicitly detail offences or penalties for non-compliance with ADs. However, failure to comply with ADs can result in severe civil or criminal penalties under other sections of the Civil Aviation Act 1988 or related regulations, potentially including fines or imprisonment, depending on the severity of the non-compliance and its impact on aviation safety. The revocation of specific ADs, such as AD/A320/147 Amendment 2, highlights the authority's role in maintaining up-to-date safety standards and ensuring the continuing airworthiness of aircraft in Australia.