Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 008/20 — Repeal of Airworthiness Directives AD/ELECT/23 and AD/ELECT/65
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), The Civil Aviation Safety Authority (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 AD/ELECT/23 because the affected batteries would have exceeded the average battery lifespan by 5 times. Within this time the separator material in the battery would have deteriorated to the point it would no longer function as a power source and would no longer be in service.
This instrument also repeals AD/ELECT/65 because AD/ELECT/65 was issued to mandate the requirements of UK CAA AD 005-05-94 in 1994. A review of CASA ADs found that the UK CAA subsequently cancelled AD 005-05-94 in 2003. As a result, CASA AD/ELECT/65 is no longer required and is hereby cancelled.
Consultation
No public or other consultation has taken place on the repeal of AD/ELECT/23 and AD/ELECT/65 as the ADs are being repealed to reduce burden on industry. For this reason, it is CASA’s view that it is not necessary or appropriate to undertake any 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 (OBPR id. 14507).
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 14 August 2020.
[Instrument number CASA ADCX 008/20]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 008/20 — Repeal of Airworthiness Directives
AD/ELECT/23 and AD/ELECT/65
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 two Civil Aviation Safety Authority (CASA) airworthiness directives (ADs) that are no longer required.
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
Overview
The Civil Aviation Safety Regulations 1998, enacted by the Governor-General under section 98 of the Civil Aviation Act 1988, establish regulations for ensuring civil aviation safety in Australia, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The explanatory statement for CASA ADCX 008/20 details the repeal of two specific ADs, AD/ELECT/23 and AD/ELECT/65, due to the batteries covered by AD/ELECT/23 exceeding their average lifespan by five times, making them non-functional, and AD/ELECT/65 being redundant as the UK Civil Aviation Authority had cancelled the corresponding directive in 2003. The repeal aims to reduce unnecessary regulatory burden on the industry. The instrument, made under the authority delegated by CASA, commenced on 14 August 2020, and includes a statement of compatibility with human rights, confirming that the repeal does not engage any applicable rights or freedoms.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR) under the Civil Aviation Act 1988 (the Act) govern the safety of civil aviation in Australia, with the Civil Aviation Safety Authority (CASA) as the regulator responsible for enforcing these regulations. This legislative framework applies to all persons, entities, and industries involved in civil aviation within Australia, including aircraft operators, manufacturers, maintenance providers, and other stakeholders. Geographically, the Act has a national reach, applying across the Commonwealth of Australia. However, certain exclusions and exemptions may apply based on specific circumstances, such as particular aircraft or aeronautical products. The Act allows for the issuance and repeal of airworthiness directives (ADs), which are legislative instruments designed to ensure the continuing airworthiness of aircraft. ADs may be issued for a kind of aircraft or aeronautical product, and can be either general or specific to certain aircraft. The scope of the Act is further extended or restricted through subordinate instruments, such as ADs, which are issued under regulation 39.001 of the CASR. This particular legislative instrument, CASA ADCX 008/20, repeals two specific airworthiness directives, AD/ELECT/23 and AD/ELECT/65, due to the affected batteries exceeding their average lifespan and the UK CAA AD 005-05-94 being subsequently cancelled. This repeal aims to reduce regulatory burden on the industry without necessitating any public consultation or a Regulation Impact Statement, as ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation. Additionally, the instrument is compatible with human rights, as outlined in the attached Statement of Compatibility with Human Rights, which confirms that the repeal does not engage any of the applicable rights or freedoms.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR) under section 39.001A (1) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. The regulations specify the circumstances under which CASA can issue, modify, or repeal these directives, ensuring they align with the provisions of the Convention on International Civil Aviation and the Civil Aviation Act 1988. The repeal of AD/ELECT/23 and AD/ELECT/65 under this instrument signifies that these directives are no longer necessary due to the circumstances outlined in the explanatory statement. AD/ELECT/23 was repealed because the batteries it targeted would have exceeded their average lifespan by five times, rendering them non-functional and out of service. AD/ELECT/65 was repealed as it was issued to align with a UK Civil Aviation Authority (CAA) directive that has since been cancelled in 2003, making it redundant.
The repeal of these directives places certain obligations on CASA and the aviation industry. CASA is responsible for ensuring that airworthiness directives are current and necessary. When issuing or repealing an AD, CASA must consider the safety implications and consult with relevant stakeholders if necessary. For the aviation industry, compliance with these ADs is mandatory. Operators must adhere to the current directives to ensure their aircraft remain airworthy. The repeal of AD/ELECT/23 and AD/ELECT/65 means that aircraft operators no longer need to comply with these specific requirements.
The Civil Aviation Safety Regulations 1998 impose penalties for non-compliance with airworthiness directives. Under regulation 39.005 (1), any person who fails to comply with an AD commits an offence and may be subject to a penalty. The maximum penalty for an individual is $20,000, while for a body corporate, the penalty can be significantly higher, reaching up to $1,000,000. These penalties are designed to ensure that aircraft operators take airworthiness directives seriously and maintain the high safety standards required in the aviation industry. The repeal of AD/ELECT/23 and AD/ELECT/65 removes these specific obligations and potential penalties for non-compliance with these particular directives.