Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to provide for the safety of civil aviation in Australia, including the establishment of standards for aircraft and aeronautical products. The Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary to carry out and give effect to the provisions of the Convention on International Civil Aviation relating to safety. This includes the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The repealing instrument, CASA ADCX 006/20, removes Airworthiness Directive AD/DHC-2/30 Amendment 1, as its requirements have been superseded by Transport Canada AD CF-2020-22. Given that the new directive from Transport Canada must now be adhered to, CASA deemed consultation unnecessary under the Legislation Act 2003. Additionally, a Regulation Impact Statement was not required as airworthiness directives fall under a standing agreement between CASA and the Office of Best Practice Regulation. The repeal instrument was issued by CASA, relying on the delegation of powers under CASR and the Civil Aviation Act 1988, and it commenced on 19 June 2020.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) is Australian legislation that applies to all aircraft registered in Australia, including those operated by Australian citizens, residents, and entities, as well as foreign aircraft operating within Australian airspace. The scope of the Act is extensive, encompassing all aspects of civil aviation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety and airworthiness of aircraft. ADs apply to the types of aircraft and aeronautical products they cover, regardless of the operator or location. The regulations are made under the Civil Aviation Act 1988, which grants CASA the authority to issue ADs for safety purposes. The Act's application extends nationally and internationally, as it aligns with the Convention on International Civil Aviation and incorporates foreign ADs applicable to Australian-registered aircraft. The repeal of AD/DHC-2/30 Amdt 1 in CASA ADCX 006/20, which has been superseded by a Transport Canada AD, exemplifies how the Act adapts to international standards and updates safety directives as necessary. The repeal was made without consultation as the superseded directive is now irrelevant, and no Regulation Impact Statement or Statement of Compatibility with Human Rights was required. The instrument was made under the delegation powers of CASA and commenced on 19 June 2020.

Key Provisions

The primary sections of this piece of legislation (CASA ADCX 006/20) pertain to the repeal of Airworthiness Directive AD/DHC-2/30 Amendment 1, which was superseded by Transport Canada AD CF-2020-22, effective from 19 June 2020. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations to implement provisions of the Convention on International Civil Aviation, particularly in relation to safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This repeal, as stated under subsections 98 (5B) and (5BA) of the Act, is considered a legislative instrument, except when it applies to a specific person, aircraft, or aeronautical product. The Act imposes certain obligations on the parties it governs. The State of Design, as per Annex 8 of the Convention on International Civil Aviation, is responsible for ensuring the continuing airworthiness of an aircraft type, and must provide necessary information to the appropriate States of Registry. The State of Registry, in turn, is responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. Regulation 39.001A of the CASR defines "airworthiness directive" to include Foreign State of Design ADs issued on or after 1 October 2009. Consequently, when a Foreign State of Design issues an AD for a type of aircraft registered in Australia, that AD applies to the Australian aircraft. However, CASA has the authority to grant an exclusion from the AD or approve an acceptable means of compliance other than that specified in the AD. The Act does not specify any offences, penalties, or consequences for breach in this context. However, non-compliance with airworthiness directives or failure to ensure the continuing airworthiness of an aircraft can lead to severe civil or criminal consequences, including potential prosecution under the Civil Aviation Act 1988. CASA can impose fines, suspend or revoke licences, or take other regulatory actions against entities that fail to comply with airworthiness requirements. The specific penalties for breaches related to airworthiness are not detailed in this particular repeal but would be governed by the broader provisions of the Civil Aviation Act 1988 and other relevant regulations. No consultation was deemed necessary for this repeal, as the requirements of AD/DHC-2/30 Amdt 1 were superseded by Transport Canada AD CF-2020-22, which must now be complied with. CASA has determined that it is not necessary or appropriate to undertake any consultation under section 17 of the Legislation Act 2003. Additionally, a Regulation Impact Statement is not required as airworthiness directives are covered by a standing agreement between CASA and the Office of Best Practice Regulation, which exempts ADs from the requirement of a RIS. The Statement of Compatibility with Human Rights confirms that this legislative instrument does not engage any applicable rights or freedoms, thus maintaining its compatibility with human rights.