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/ROBIN/38 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 The requirements of this airworthiness directive have been superseded by EASA AD 2012-0018 issued on
1 February 2012 and CAA NZ AD DCA/R2000/40 issued on 23 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 Therefore if an Australian AD has its requirements superseded by the requirements of a State of Design AD, those requirements may under regulation 39.001A be given effect to without public consultation.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, 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 006/12]
Overview
The Civil Aviation Regulations 1988, as amended by F2012L00588, were enacted to address the need for streamlined regulatory processes concerning the revocation of airworthiness directives (ADs) issued by States of Design, ensuring that they align with current safety standards and technological advancements. This amendment was introduced to maintain the safety and efficiency of Australia’s civil aviation operations, aligning with international standards and reducing unnecessary regulatory burdens. The Australian Government, through the Civil Aviation Safety Authority (CASA), issued this amendment under the authority granted by the Civil Aviation Act 1988. The primary policy objective is to ensure that the continuing airworthiness of aircraft registered in Australia is effectively managed by accepting and implementing ADs issued by States of Design, thereby maintaining safety standards and facilitating international cooperation in aviation safety.
Scope and Application
The Civil Aviation Regulations 1988, particularly under the Civil Aviation Act 1988, govern the regulation of civil aviation activities within Australia, with a primary focus on ensuring the safety of air navigation. The Act applies to all entities involved in civil aviation within Australia, including aircraft operators, manufacturers, and maintenance organisations, as well as individuals such as pilots and air traffic controllers. The geographic scope of the Act extends to the Commonwealth jurisdiction, ensuring uniform regulation across Australia. The Act mandates that airworthiness directives (ADs), which are regulatory instruments issued by the Civil Aviation Safety Authority (CASA), must be accepted when issued by the State of Design for aircraft on the Australian Register. The ADs are intended to ensure the continuing airworthiness of aircraft and aeronautical products. The revocation of specific ADs, such as AD/ROBIN/38 Amdt 1, is conducted under the authority granted by the Civil Aviation Safety Regulations 1998, and such revocations may be implemented without public consultation if superseded by equivalent directives from foreign States of Design. This revocation process is aligned with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of States of Design and Registry concerning airworthiness.
Key Provisions
The Civil Aviation Regulations 1988, specifically in relation to the revocation of airworthiness directives, outline the process and authority for such actions. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These directives serve as continuing airworthiness information and are typically issued by the State of Design, which is the State where the aircraft type was designed. According to subsection 98(5B) of the Act, ADs remain legislative instruments, and under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for ensuring the continuing airworthiness of an aircraft type.
The obligations imposed by these regulations are primarily on CASA, as the national airworthiness authority in Australia. When a State of Design issues an AD affecting an aircraft type on the Australian Register, CASA must accept and implement the requirements of that AD. This is stipulated under regulation 39.001A, which applies to ADs issued on or after 1 October 2009. If an Australian AD's requirements are superseded by a State of Design AD, CASA can give effect to the new requirements without conducting public consultation, as specified in regulation 39.001A. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, streamlining the process for such changes.
The legislation also outlines the potential consequences for non-compliance. While the text does not explicitly detail offences or penalties for breaching the ADs or the revocation process itself, it is implied that adherence to these directives is crucial for maintaining safety standards in aviation. Failure to comply with airworthiness directives could result in severe penalties, as these directives are integral to ensuring the safety of air navigation. Given the potential risks associated with non-compliance, it is reasonable to infer that CASA would take enforcement actions against any violations, possibly including fines, sanctions, or other legal repercussions.