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/CFM56/31
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of this airworthiness directive which referred to FAA AD 2009-11-02 Amdt 39-15912 dated 13 May 2009 have been superseded by FAA AD 20009-11-02 (Correction), dated
24 February 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 Therefore if an Australian AD has its requirements superseded by the requirements of a State of Design AD, those requirements may under regulation 39.001A be given effect to without public consultation.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 004/12]
Overview
The Civil Aviation Regulations 1988 were enacted to provide a comprehensive regulatory framework for ensuring the safety and efficiency of civil aviation in Australia. The 1988 Act serves to fill the legislative gap by offering detailed provisions for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. These regulations were developed under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. The policy objective behind these regulations is to ensure the safety of air navigation by maintaining the airworthiness of aircraft through the timely issuance and enforcement of ADs.
Scope and Application
The Civil Aviation Regulations 1988, specifically in relation to the revocation of Airworthiness Directives, applies to aircraft types registered in Australia and the entities responsible for their continuing airworthiness, including aircraft operators, maintenance organisations, and individuals authorised to sign off repairs and modifications. These regulations are made under the authority granted by the Civil Aviation Act 1988, which enables the Governor-General to enact regulations for the safety of air navigation. The scope of these regulations extends to ensuring compliance with international standards set by the Convention on International Civil Aviation, particularly through Annex 8, which mandates the State of Design to provide information necessary for the continuing airworthiness of aircraft types. The State of Registry, in this case, the Civil Aviation Safety Authority (CASA), is responsible for ensuring that aircraft meet these international and domestic safety standards. Airworthiness Directives issued by the State of Design on or after 1 October 2009 are recognised as ADs under the Civil Aviation Safety Regulations Part 39.001A. The regulations permit CASA to enforce these directives without the requirement for public consultation when they supersede Australian ADs. This ensures a streamlined approach to maintaining safety standards while adhering to international protocols. The legislative instrument does not necessitate a Regulatory Impact Statement and has been deemed compatible with human rights and freedoms as recognised in international instruments.
Key Provisions
The main sections of this legislation pertain to the Civil Aviation Regulations 1988 and the revocation of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations for the Act's purposes, with safety of air navigation being paramount (section 98). Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products (CASR 1998, regulation 39.001). These ADs are considered legislative instruments and must be accepted by CASA when issued by the State of Design for aircraft registered in Australia (CASR 1998, subregulation 39.001(5), now CASR Part 39.001A).
The obligations under this Act are primarily concerned with the safety and continuing airworthiness of aircraft. The State of Design holds overall responsibility for the airworthiness of an aircraft type and must provide necessary information to ensure its continuing airworthiness (Annex 8 to the Convention on International Civil Aviation). The State of Registry is responsible for the individual aircraft's continuing airworthiness and must develop or adopt requirements to ensure this (Annex 8). CASA, as Australia’s national airworthiness authority, must accept ADs issued by the State of Design for aircraft on the Australian Register (CASR 1998, regulation 39.001(5)). If an Australian AD is superseded by a State of Design AD, the new requirements can be implemented without public consultation (CASR 1998, regulation 39.001A).
In terms of consequences, the legislation does not outline specific offences, penalties, or civil/criminal consequences for breaches of the ADs. However, the importance of complying with ADs is underscored by the overarching mandate of ensuring the safety of air navigation. Failure to adhere to ADs could potentially result in safety violations, which could lead to regulatory action by CASA, including the possibility of grounding aircraft until compliance is achieved. The legislative instrument is also confirmed to be compatible with human rights and freedoms as recognised in the Human Rights (Parliamentary Scrutiny) Act 2011, with no engagement of applicable rights or freedoms. The revocation of the AD was conducted by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, CASA, in accordance with subsection 94(1) of the Act.