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/A320/202 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 The requirements of this airworthiness directive which referred to EASA AD 2006-0112R1 have been superseded by EASA AD 2011-0069, effective 2 May 2011.
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 008/11]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Parliament, are designed to ensure the safety of air navigation, as authorised under section 98 of the Civil Aviation Act 1988. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which serve as crucial tools for maintaining the continuing airworthiness of aircraft. This legislative framework aligns with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design be responsible for providing necessary information to ensure airworthiness. CASA, as Australia's national airworthiness authority, is tasked with assessing and, if necessary, issuing ADs to enforce these requirements. The revocation of certain ADs, as described in the Explanatory Statement, reflects updates in international airworthiness directives and aims to streamline compliance with current safety standards.
Scope and Application
The Civil Aviation Regulations 1988 apply to the issuance, assessment, and enforcement of airworthiness directives (ADs) related to the continuing airworthiness of aircraft registered in Australia. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations that align with the Act, ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the process whereby the Civil Aviation Safety Authority (CASA) can issue ADs for specified kinds of aircraft or aeronautical products. These ADs, being legislative instruments under the Acts Interpretation Act 1901, must be assessed and potentially adopted by CASA, aligning with the responsibilities of the State of Design and State of Registry as per Annex 8 of the Convention on International Civil Aviation. The application of these regulations extends to all aircraft registered in Australia and incorporates directives issued on or after 1 October 2009, thereby ensuring compliance with international standards and practices. However, there were no consultations with the Australian public regarding these specific AD cancellations, and they do not require a Regulatory Impact Statement according to the Office of Best Practice Regulation.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988, as modified by the revocation of certain airworthiness directives (ADs), focus on the regulation and enforcement of airworthiness for aircraft in Australia. Section 98 of the Civil Aviation Act 1988 allows for the creation of regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. The revocation of certain ADs, such as AD/A320/202 Amdt 1, is based on the issuance of newer, updated directives by the State of Design, such as the replacement of EASA AD 2006-0112R1 with EASA AD 2011-0069.
The obligations imposed by the Civil Aviation Regulations 1988 on the parties governed by these provisions include compliance with the ADs issued by CASA. This entails adhering to the specific requirements and mandates set out in the ADs, which are designed to ensure the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, must assess any information provided by the State of Design and, if necessary, issue corresponding ADs for aircraft registered in Australia. The State of Registry of individual aircraft is also responsible for ensuring that their aircraft meet the continuing airworthiness standards set by the ADs.
The revocation of specific ADs carries potential civil and criminal consequences for non-compliance. Under the Acts Interpretation Act 1901, ADs are considered disallowable instruments, meaning they can be annulled by a resolution of either House of Parliament. In the case of non-compliance with ADs, CASA may take enforcement actions, which can include fines and other penalties. The maximum penalties for non-compliance are not explicitly stated in the text but typically involve fines that can be substantial, depending on the severity and frequency of the breach. Additionally, failure to adhere to ADs can lead to operational restrictions or grounding of the aircraft, thereby impacting the safety and legality of air navigation.