Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 007/17 — Repeal of Airworthiness Directives
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), CASA may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. 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 subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such 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 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. Regulation 39.001A of CASR, defines “airworthiness directive” to include Foreign State of Design ADs issued on or after 1 October 2009. Accordingly, when a Foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft. However, CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD.
Repeal
This instrument repeals three ADs for the following reasons.
This instrument repeals AD/A320/139 because the AD was applicable only to Airbus A320-111 aircraft and the State of Design, the European Aviation Safety Agency (EASA) has confirmed that all 20 examples of this aircraft model that have been built have been retired and there are no longer any A320-111 aircraft operational in worldwide fleets.
The requirements of AD/EC 135/12 Amdt 1 have been superseded by EASA AD 2006-0318R2 issued on 25 April 2017 and with an effective date of 25 April 2017.
The requirements of AD/AIRCON/9 Amdt 8 have been superseded by United States of America Federal Aviation Administration (FAA) AD 2017-06-03 issued on 9 March 2017 and with an effective date of 5 May 2017.
Consultation
No public or other consultation has taken place on the repeal of AD/A320/139 because there are no longer any affected aircraft operational in worldwide fleets and the cancellation of AD/A320/139 removes unnecessary regulatory burden for industry.
No public or other consultation has taken place on the repeal of AD/EC 135/12 Amdt 1 as the requirements of AD/EC 135/12 Amdt 1 have been superseded by EASA AD 2006-0318R2, which must now be complied with because it is a Foreign State of Design AD.
From 5 May 2017, the requirements in FAA AD 2017‑06‑03 must be complied with because it is a Foreign State of Design AD. CASA has received requests from 2 aircraft operators to address the applicability of both AD/AIRCON/9 Amdt 8 and FAA AD 2017-06-03. The repeal of AD/AIRCON/9 Amdt 8 addresses these operators’ concerns. As the requirements of AD/AIRCON/9 Amdt 8 have been superseded by the requirements of FAA AD 2017‑06‑03, no other public or other consultation has taken place on the repeal of AD/AIRCON/9 Amdt 8.
For these reasons, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the Legislation Act 2003.
Regulation Impact Statement
A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR and subsection 94 (1) of the Act.
The instrument commences on 5 May 2017.
[Instrument number CASA ADCX 007/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 007/17 — Repeal 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 repeal airworthiness directives (ADs) that have been superseded by foreign State of Design ADs issued by the national airworthiness authority of the State of Design of the aircraft or aeronautical product, or are no longer required due to all affected aircraft having been retired from operational service.
These ADs relate to inspection and rectification or maintenance of specified aircraft or 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