Explanatory Statement
Civil Aviation Regulations 1988
Revocation of Airworthiness Directives
Legislation
Under section 98 of the Civil Aviation Act 1988, 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. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative 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 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 assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
AD/A320/135 Amdt 1
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 The requirements of this airworthiness directive have been superseded by EASA AD 2011-0024 issued on
15 February 2011.
Consultation
No consultation with the Australian public has taken place on these AD cancellations. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD 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 004/11]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation and to provide a regulatory framework for civil aviation activities in Australia. The regulations were made under section 98 of the Civil Aviation Act 1988, with the primary objective of maintaining safety standards in line with international civil aviation conventions. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments designed to ensure the continuing airworthiness of aircraft. The ADs are issued in accordance with 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. CASA, as Australia's national airworthiness authority, assesses information from the State of Design and issues Australian ADs as necessary to mandate the requirements of the State of Design.
Scope and Application
The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, empowers the Governor-General to establish regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further stipulates that the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby enforcing safety standards within the aviation industry. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901, and they are subject to disallowance as outlined in the Legislative Instruments Act 2003. The ADs apply to aircraft and aeronautical products within Australia, ensuring that the State of Registry maintains the continuing airworthiness of each aircraft, in compliance with Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and, if necessary, issuing corresponding Australian ADs. This regulatory framework ensures that Australian aircraft meet international safety standards and facilitates the revocation of ADs when they are superseded by more recent directives, such as those issued by the European Aviation Safety Agency (EASA).
Key Provisions
The Civil Aviation Regulations 1988, as amended by F2011L00329, focus on the revocation of specific airworthiness directives (ADs) related to certain aircraft types, as outlined in the explanatory statement. These directives, which are legislative instruments under section 6 of the Legislative Instruments Act 2003, are intended to ensure the safety of air navigation as per section 98 of the Civil Aviation Act 1988. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products, with these directives being subject to disallowance under section 46A of the Acts Interpretation Act 1901. The State of Design, as defined in Annex 8 to the Convention on International Civil Aviation, holds primary responsibility for the continuing airworthiness of an aircraft type and must supply necessary information to the States of Registry to ensure such airworthiness. The State of Registry, in turn, must develop or adopt requirements to maintain the continuing airworthiness of aircraft registered within its jurisdiction.
Entities governed by these regulations must adhere to the requirements outlined in any applicable ADs. This includes ensuring that any identified safety issues or maintenance requirements are addressed in a timely manner. For example, when a State of Design issues an AD concerning a type of aircraft registered in Australia, CASA must evaluate this information and, if deemed necessary, issue an Australian AD that mandates the requirements of the State of Design. This process ensures that Australian aircraft meet international safety standards and comply with domestic regulations.
Failure to comply with the requirements of an AD can result in significant legal consequences. The Civil Aviation Safety Regulations 1998 impose obligations on aircraft operators, maintenance providers, and other relevant entities to adhere to the mandates set forth in ADs. Non-compliance with these obligations can lead to enforcement actions by CASA, including the imposition of fines, suspension or revocation of airworthiness certificates, and potential criminal charges for serious violations. The specific penalties for non-compliance are detailed in the Civil Aviation Safety Regulations and can vary depending on the severity and nature of the breach. For instance, under regulation 39.007, an operator who fails to comply with an AD can be subject to a civil penalty of up to $275,000, while under regulation 39.009, an individual found guilty of a serious offence related to non-compliance can face imprisonment for up to five years or both. These provisions underscore the importance of adhering to ADs to maintain the highest standards of aviation safety.