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/A320/102
The requirements of this airworthiness directive have been superseded by AD/A320/140 issued on 20 August 2002. AD/A320/102 was based on French
DGAC AD 1999-263-134(B) issued 10 July 1999 which was cancelled effective
10 July 2002 and replaced by DGAC AD 2002-365(B) issued 10 July 2002, which is mandated by AD/A320/140.
AD/A320/138
The requirements of this airworthiness directive were based on DGAC AD
2002-125(B) dated 6 March 2002. They have been superseded by EASA AD
2007-0217 dated 9 August 2007. CASA AD/A320/174 Amdt 2 mandates the requirements of EASA AD 2007-0217.
AD/SEATS/19
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 The requirements of this airworthiness directive have been superseded by EASA AD No. 2012-0038 issued on 12 March 2012.
AD/JETSTREAM/71
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 2012-0036 issued on
12 March 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.
As both AD/SEATS/19 and AD/JETSREAM/71 were superseded by State of Design ADs, no public consultation has taken place.
The cancellation of AD/A320/102 is the result of CASA reviewing both AD/A320/102 and AD/A320/140 in response to a request from industry. It was found that AD/A320/140 duplicated the requirements of AD/A320/102 and as such AD/A320/102 is cancelled to remove those duplicate requirements.
The cancellation of AD/A320/138 is the result of CASA reviewing both AD/A320/138 and AD/A320/174 Amdt 1 in response to a request from industry. The requirements of AD/A320/138 were based on DGAC AD 2002-125(B) dated
6 March 2002. DGAC AD 2002-125(B) was superseded by EASA AD 2007-0217 dated 9 August 2007. CASA AD/A320/174 Amdt 1 mandates the requirements of EASA AD 2007-0217 and as such AD/A320/138 is no longer required and has been cancelled.
The cancellations of AD/A320/102 and AD/A320/138 are administrative only, remove duplicate requirements and impose no additional burden on industry so no public consultation has been undertaken.
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, Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
[Instrument number CASA ADCX 005/12]