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/DAUPHIN/100
A State of Design airworthiness directive issued on or after 1st 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 The requirements of this airworthiness directive have been superseded by EASA AD 2010-0064-E, issued 1 April 2010.
AD/TAY/17 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 The requirements of this airworthiness directive have been superseded by EASA 2010-0060 issued on
29 March 2010.
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 006/10]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation, were amended to address the need for a structured approach to the revocation of airworthiness directives (ADs). This legislative instrument, issued under section 98 of the Civil Aviation Act 1988, empowers the Governor-General to make regulations in the interests of safety. The objective of the regulation is to streamline the process of revoking ADs, ensuring that they remain relevant and effective in maintaining airworthiness. The Civil Aviation Safety Regulations 1998 were also amended to reflect this change, with ADs being recognised as disallowable instruments under the Acts Interpretation Act 1901. The policy objective is to align Australia's regulatory framework with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation, ensuring that the State of Design and the State of Registry appropriately share responsibilities for the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Regulations 1988, particularly under the revocation of Airworthiness Directives, applies to entities and individuals involved in the aviation industry in Australia, including aircraft operators, maintenance service providers, and aircraft manufacturers. The regulations are established to ensure the safety of air navigation and are mandated under section 98 of the Civil Aviation Act 1988, with airworthiness directives (ADs) being issued by the Civil Aviation Safety Authority (CASA) in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments as defined under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. The scope of the ADs extends nationally, ensuring that all aircraft registered in Australia comply with continuing airworthiness standards as per Annex 8 of the Convention on International Civil Aviation, which designates the State of Design and State of Registry with responsibilities over aircraft airworthiness. The revocation of specific ADs, such as AD/DAUPHIN/100 and AD/TAY/17 Amdt 1, which have been superseded by European Aviation Safety Agency (EASA) directives, indicates the dynamic nature of the regulations, adapting to international standards and advancements in aviation safety. While the revocations do not require consultation with the public, they are crafted to maintain stringent safety protocols in Australia’s aviation sector.
Key Provisions
The Civil Aviation Regulations 1988, specifically under section 98 of the Civil Aviation Act 1988, empower the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs, as detailed in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs are designed to maintain the continuing airworthiness of aircraft and are a common form of such information, issued by most International Civil Aviation Organization (ICAO) Contracting States.
The obligations imposed by these ADs require the State of Design, which has the overall responsibility for the continuing airworthiness of an aircraft type, to provide necessary information to ensure the safety of aircraft on the Australian Register. CASA, as Australia's national airworthiness authority, must assess this information and, if deemed appropriate, issue an Australian AD to enforce the requirements set by the State of Design. This ensures that the State of Registry, responsible for the individual aircraft's continuing airworthiness, can develop or adopt requirements to meet these standards.
Failure to comply with these ADs could lead to serious consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, non-compliance with airworthiness directives can result in significant civil and criminal penalties. The seriousness of these penalties is underscored by the legal framework that governs the issuance and enforcement of ADs, as they are critical to maintaining the safety of air navigation in Australia. CASA's authority to issue and enforce these directives is thus a vital component of the regulatory framework ensuring the safety and airworthiness of aircraft operating within Australia.