Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 005/13 — Revocation of Airworthiness Directives
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. 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 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. 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 under regulation 39.001A of CASR 1998.
Revocation
The requirements of AD/CESSNA 190/8 have been superseded by United States Federal Aviation Administration (FAA) AD 2004-21-08R1 Amendment 39-17400 issued on 14 March 2013.
The requirements of AD/CASA/28 have been superseded by European Aviation Safety Agency (EASA) AD 2013-0083 issued on 5 April 2013.
Consequently, these ADs are being revoked.
Consultation
No consultation with the Australian public has taken place on the cancellation of these ADs because the cancellation results in a reduction of the regulatory burden. They applied to airworthiness directives that were no longer in force in the State of Design and their retention would have been purposeless.
The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The AD 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 18 April 2013.
[Instrument number CASA ADCX 005/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 005/13 — Revocation of Airworthiness Directives
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 revoke 2 legislative instruments that have been superseded.
The requirements of AD/CESSNA 190/8 have been superseded by United States Federal Aviation Administration (FAA) AD 2004-21-08R1 Amendment 39-17400 issued on 14 March 2013. The requirements of AD/CASA/28 have been superseded by European Aviation Safety Agency (EASA) AD 2013-0083 issued on 5 April 2013.
Those airworthiness directives relate to inspection and rectification or maintenance of specified 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 (CASR 1998) were enacted to provide for the safety of air navigation in Australia, ensuring that all aviation operations and aircraft meet specific safety standards. This legislation was introduced to address the need for a comprehensive regulatory framework governing civil aviation safety, thereby protecting public safety and property from the risks associated with aviation activities. The CASR 1998 were made under the authority of the Civil Aviation Act 1988, with the policy objective of maintaining the highest possible standards of safety in air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives that ensure aircraft and aeronautical products meet required safety standards. The revocation of certain airworthiness directives, as outlined in CASA ADCX 005/13, was carried out to streamline the regulatory framework by eliminating outdated directives that had been superseded by more recent international standards. This action reflects CASA's commitment to maintaining efficient and up-to-date safety regulations.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998), as amended, apply to all aviation activities within Australia, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations are designed to ensure the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. ADs are issued to address safety issues associated with aircraft types, aeronautical products, and specific aircraft. They are applicable to all aircraft operators, manufacturers, and other relevant entities within the Australian jurisdiction. The scope of the regulations extends nationally and includes both domestic and international operations within Australia's airspace. Certain exclusions and exemptions may apply, particularly for non-commercial and private aircraft under specific conditions, as detailed in the CASR 1998 and related subordinate instruments. The authority to issue and revoke ADs is further supported by the Civil Aviation Act 1988, which empowers CASA to implement safety measures as necessary.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended through the revocation of two airworthiness directives (ADs) as stated in CASA ADCX 005/13. Specifically, AD/CESSNA 190/8 and AD/CASA/28 are being revoked because their requirements have been superseded by newer directives issued by the United States Federal Aviation Administration (FAA) and the European Aviation Safety Agency (EASA). The superseded ADs were related to the inspection, rectification, or maintenance of specific aeronautical products. This revocation reflects the updating of safety standards and the alignment with international regulatory frameworks.
The Civil Aviation Safety Regulations 1998 impose several obligations on the parties and entities it governs. Most notably, under regulation 39.001, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives for particular kinds of aircraft or aeronautical products. Furthermore, the State of Registry is mandated to ensure the continuing airworthiness of aircraft under its jurisdiction, and when a State of Design issues an AD, CASA must accept it. These directives are critical for maintaining safety standards in air navigation and ensuring that aircraft remain airworthy throughout their operational life.
The revocation of the airworthiness directives does not introduce new offences or penalties. However, any non-compliance with the remaining directives or the new FAA and EASA directives could result in penalties under the Civil Aviation Act 1988. Offences under this Act may include failing to comply with airworthiness directives, which could lead to both civil and criminal penalties. Civil penalties can include fines, while criminal penalties may involve imprisonment, depending on the severity of the breach and the discretion of the court. The maximum penalties for serious breaches can be significant, reflecting the importance of maintaining air safety standards.