Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 004/17 — 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This instrument repeals AD/B737/336 Amdt 1 because the requirements of AD/B737/336 Amdt 1 have been superseded by United States of America Federal Aviation Administration (FAA) AD 2017-04-08 issued on 1 February 2017 with an effective date of 3 April 2017.
FAA AD 2017-04-08 is freely available from the CASA and FAA websites.
Consultation
No public or other consultation has taken place on the repeal of AD/B737/336 Amdt 1 because the requirements of AD/B737/336 Amdt 1 have been superseded by FAA AD 2017‑04-08, 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 3 April 2017.
[Instrument number CASA ADCX 004/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 004/17 — 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 were enacted to provide a comprehensive regulatory framework for ensuring the safety of civil aviation in Australia. This legislation addresses the need for standardised safety regulations across the aviation industry, ensuring that all aircraft and aeronautical products meet the necessary safety standards. The regulations were enacted by the Australian Parliament under the authority of the Civil Aviation Act 1988, with the overarching policy objective of enhancing the safety and efficiency of Australia's civil aviation sector. The repeal of specific airworthiness directives, as seen in CASA ADCX 004/17, aims to streamline regulatory requirements by aligning them with international standards and ensuring that Australian aviation practices remain current and effective. This legislative action is taken to maintain the integrity and safety of Australia's civil aviation system by ensuring that all directives are both relevant and up-to-date with global safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 004/17, apply to all aircraft registered in Australia and their operators, encompassing the entire aviation industry within Australia. This regulation addresses the repeal of a specific airworthiness directive (AD) pertaining to certain aircraft types, which has been superseded by a newer AD issued by the United States of America Federal Aviation Administration (FAA). The repealed AD, AD/B737/336 Amdt 1, has been replaced by FAA AD 2017-04-08, which is now mandatory for compliance. The geographic reach of this regulation is national, applying uniformly across all states and territories in Australia. There are no stated exclusions, exemptions, or thresholds within this particular repeal; however, the Civil Aviation Safety Authority (CASA) retains the authority to grant exclusions or approve alternative means of compliance for specific cases. This regulation extends its application through subordinate instruments, as indicated by the delegation of authority under subregulation 11.260(1) of the CASR 1998 and subsection 94(1) of the Civil Aviation Act 1988. The instrument took effect on 3 April 2017, aligning with the effective date of the new FAA AD.
Key Provisions
The primary operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) relevant to this legislation include section 39.001, which authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products, and section 39.001A, which defines "airworthiness directive" to include Foreign State of Design ADs issued on or after 1 October 2009. The regulation also draws on section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations, and section 33(3) of the Acts Interpretation Act 1901, which allows for the repeal or amendment of legislative instruments. This specific legislative instrument repeals AD/B737/336 Amdt 1 due to it being superseded by FAA AD 2017-04-08.
The obligations imposed by this legislation on the parties it governs include compliance with the new AD 2017-04-08 issued by the Federal Aviation Administration (FAA) of the United States, which now governs the inspection, rectification, and maintenance of specified aircraft or aeronautical products. CASA has the authority to grant exclusions from these ADs or approve alternative means of compliance, as stipulated in regulation 39.001A of the CASR 1998. Operators of Australian aircraft must ensure that their aircraft meet the new AD requirements, which are applicable as they are issued by a Foreign State of Design.
Breaches of the ADs could lead to severe consequences, including potential safety hazards that may result in accidents or incidents. While specific penalties for non-compliance are not detailed in the provided text, general aviation regulations often impose significant fines, suspension of airworthiness certificates, or other regulatory sanctions. The severity of the penalty would depend on the nature and extent of the non-compliance, as well as any resultant harm or safety risks. CASA retains the authority to take enforcement actions against non-compliant aircraft operators.
The repeal of AD/B737/336 Amdt 1 and the adoption of FAA AD 2017-04-08 also entail certain civil and administrative consequences. Operators must review and update their maintenance and inspection procedures to align with the new directive. Failure to do so could result in penalties under the CASR 1998 and other applicable aviation laws. CASA has the discretion to grant exclusions or alternative compliance measures, but operators must demonstrate that their chosen methods are equally effective in maintaining airworthiness. The repeal of the AD is intended to streamline compliance and ensure that aircraft continue to meet international safety standards.