Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 002/17 — 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This instrument repeals AD/TBM 700/27 Amdt 1 because the requirements of AD/TBM 700/27 Amdt 1 have been superseded by European Aviation Safety Agency (EASA) AD 2017-0018 issued on 3 February 2017 with an effective date of 17 February 2017.
EASA AD 2017-0018 is freely available from the CASA and EASA websites.
Consultation
No public or other consultation has taken place on the repeal of AD/TBM 700/27 Amdt 1 because the requirements of AD/TBM 700/27 Amdt 1 have been superseded by EASA AD 2017-0018, 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 17 February 2017.
[Instrument number CASA ADCX 002/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 002/17 — 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 establish and maintain high standards of safety in civil aviation, ensuring the safe operation of aircraft within Australia. This legislation was introduced to address the need for a comprehensive regulatory framework governing airworthiness and safety in civil aviation. The CASR 1998 were enacted by the Australian Parliament under the authority conferred by the Civil Aviation Act 1988. The policy objective behind the CASR 1998 is to provide a robust legislative basis for the regulation of civil aviation safety, aligning with international standards and practices to protect public safety and facilitate the efficient and safe operation of aircraft.
This specific legislative instrument, CASA ADCX 002/17, concerns the repeal of an airworthiness directive (AD) that has been superseded by a more recent AD issued by the European Aviation Safety Agency (EASA). The AD in question, AD/TBM 700/27 Amdt 1, has been rendered obsolete by EASA AD 2017-0018, necessitating its repeal to ensure that operators comply with the latest safety standards. This repeal reflects the dynamic nature of aviation safety regulations, where updates and amendments are made to respond to new information and technological advancements.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) govern the continuing airworthiness of aircraft and aeronautical products in Australia, with the Civil Aviation Safety Authority (CASA) having the authority to issue airworthiness directives (ADs) under regulation 39.001. These ADs are legislative instruments unless they apply to a particular person, aircraft, or aeronautical product. The Civil Aviation Act 1988 empowers the Governor-General to make regulations, and CASA has the authority to repeal, rescind, revoke, amend, or vary such regulations under the Acts Interpretation Act 1901. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design has the overall responsibility for continuing airworthiness, and the State of Registry must ensure the continuing airworthiness of aircraft. This means that 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. This instrument specifically repeals AD/TBM 700/27 Amdt 1, as its requirements have been superseded by a European Aviation Safety Agency (EASA) AD 2017-0018, which must now be complied with because it is a Foreign State of Design AD. The repeal instrument has been made by a delegate of CASA under the power of delegation provided in the CASR 1998 and the Civil Aviation Act 1988, and it commences on 17 February 2017.
Key Provisions
The main operative sections of this legislation pertain to the repeal of an airworthiness directive (AD) for a specific aircraft or aeronautical product. Section 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998) outlines the authority for the Civil Aviation Safety Authority (CASA) to issue an AD. Section 98 of the Civil Aviation Act 1988 provides the Governor-General with the power to make regulations. The repeal of AD/TBM 700/27 Amdt 1 is due to its requirements being superseded by the European Aviation Safety Agency (EASA) AD 2017-0018, which now governs the airworthiness of the specified aircraft or aeronautical products.
The obligations and requirements imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by this legislation include ensuring the continuing airworthiness of aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Registry is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft registered in its territory. CASA may issue airworthiness directives to enforce these requirements and may also grant exclusions or approve alternative means of compliance under regulation 39.001A. The State of Design has the overarching responsibility to provide necessary information for the continuing airworthiness of an aircraft type.
There are no specific offences, penalties, or civil/criminal consequences outlined for the breach of this repealed AD in the provided legislation. However, non-compliance with airworthiness directives in general may result in civil penalties under the Civil Aviation Act 1988 or criminal penalties under the Crimes Act 1914, depending on the nature and severity of the breach. The repealed AD/TBM 700/27 Amdt 1 itself would no longer be enforceable, but compliance with the EASA AD 2017-0018 is mandatory as it supersedes the former directive. The specific penalties for non-compliance with the new directive would be determined by the relevant aviation safety regulations and applicable laws.