Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to ensure the safety and airworthiness of aircraft within Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to address safety concerns in the aviation sector. ADs are crucial for maintaining the safety standards set forth by the Convention on International Civil Aviation. The Civil Aviation Act 1988 provides CASA with the authority to make regulations that align with international safety standards, including those related to continuing airworthiness. This legislation was introduced to address gaps in the regulatory framework by providing a structured approach to issuing and enforcing ADs, ensuring that all aircraft meet the necessary safety requirements. The repeal of Airworthiness Directive AD/ARRIUS/6 Amendment 1, as enacted by CASA ADCX 002/21, reflects the ongoing need to update and refine safety regulations to align with international standards and practices.

Scope and Application

The Civil Aviation Safety Regulations 1998, amended by CASA ADCX 002/21, govern the application and repeal of airworthiness directives (ADs) in Australia. This legislation applies to all entities and individuals involved in the operation and maintenance of aircraft registered in Australia, including airlines, aircraft manufacturers, and maintenance service providers. The geographic scope of this legislation is national, as it pertains to the implementation of international safety standards within Australian jurisdiction. The Act allows the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft types and aeronautical products, which must be followed by all relevant parties unless specific exclusions or alternative means of compliance are approved by CASA. This regulatory framework ensures that the safety standards set forth by international conventions, such as those of the International Civil Aviation Organization, are adhered to within Australia. The repeal of specific ADs, such as AD/ARRIUS/6 Amdt 1, is conducted when newer, more comprehensive directives from other jurisdictions supersede them, ensuring that the latest safety requirements are followed.

Key Provisions

The main operative sections of this legislation (CASA ADCX 002/21) are concerned with the repeal of Airworthiness Directive AD/ARRIUS/6 Amendment 1. According to section 1 of the Civil Aviation Act 1988 (the Act), the Governor-General can create regulations to ensure the safety of civil aviation, in line with the Convention on International Civil Aviation. Section 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for certain aircraft or aeronautical products. Under section 33(3) of the Acts Interpretation Act 1901, any power to create legislative instruments also includes the power to repeal, rescind, revoke, amend, or vary those instruments. This repeal is based on the requirements of AD/ARRIUS/6 Amdt 1 being superseded by European Aviation Safety Agency (EASA) AD 2021-008, which came into effect on 7 April 2021. The obligations and requirements imposed by this legislation are primarily on CASA and the State of Registry of the aircraft. CASA is responsible for issuing ADs that ensure the continuing airworthiness of aircraft. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This repeal of AD/ARRIUS/6 Amdt 1 means that aircraft owners and operators must now comply with EASA AD 2021-008 instead. CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD, but the primary responsibility for compliance falls on the State of Registry and the aircraft owners and operators. There are no specific offences, penalties, or civil/criminal consequences mentioned in this legislation for breach of the repealed AD. However, failure to comply with airworthiness directives in general can result in significant penalties. Under section 44 of the Civil Aviation Act 1988, any person who contravenes a regulation or direction made under the Act can be fined up to $16,500 for a company or $3,300 for an individual. For repeated offences, the fines can be higher, and in some cases, imprisonment may be imposed. Additionally, CASA can take enforcement action, including grounding aircraft, imposing operational restrictions, or revoking airworthiness certificates for non-compliance with ADs. This legislation does not require public consultation as the repealed AD is superseded by a new directive issued by EASA. CASA does not see it as necessary or appropriate to undertake any consultation under section 17 of the Legislation Act 2003, as the new directive must now be complied with. Furthermore, a Regulation Impact Statement 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. A Statement of Compatibility with Human Rights is provided, confirming that the repeal does not engage any of the applicable rights or freedoms.