Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of civil aviation in Australia, aligning with the Convention on International Civil Aviation. This regulation was introduced to address the need for a cohesive and enforceable framework governing the safety of aircraft and aeronautical products within Australian airspace. The Civil Aviation Act 1988 empowers the Governor-General to create regulations that enforce international civil aviation safety standards. The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments unless they specifically target a particular person, aircraft, or aeronautical product. The authority to repeal, rescind, revoke, amend, or vary these instruments is granted under the Acts Interpretation Act 1901. The repeal of Airworthiness Directive AD/DHC-6/62 Amdt 5 was necessitated by its supersession by Transport Canada AD CF-1972-06R5, issued on 22 June 2018, which became effective on 6 July 2018. The instrument was made by a delegate of CASA under the powers delegated by the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988. This repeal ensures compliance with the most current international standards for aircraft safety.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR), as amended by CASA ADCX 009/18, concern the repeal of Airworthiness Directive AD/DHC-6/62 Amendment 5, which has been superseded by a Transport Canada AD issued on 22 June 2018. The regulations apply to the continuing airworthiness of aircraft and aeronautical products, specifically those registered in Australia and subject to airworthiness directives. The repeal of AD/DHC-6/62 Amdt 5 is necessitated by its supersession by the Transport Canada AD, which must now be complied with. The regulations are applicable to the State of Registry of an individual aircraft, which is responsible for ensuring the continuing airworthiness of the aircraft in accordance with Annex 8 to the Convention on International Civil Aviation. The repeal does not require consultation under section 17 of the Legislation Act 2003 as the superseded AD has been replaced by a directive from the State of Design, and a Regulation Impact Statement is not required under a standing agreement between CASA and the Office of Best Practice Regulation. The instrument, made by a delegate of CASA under the authority of CASR and the Civil Aviation Act 1988, commences on 6 July 2018. A Statement of Compatibility with Human Rights is provided, confirming the legislative instrument's compatibility with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR), specifically regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for a kind of aircraft or aeronautical product. This directive aims to ensure the continuing airworthiness of such products and aircraft. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to make regulations for the implementation of the Convention on International Civil Aviation, particularly focusing on safety. Regulation 39.001A of CASR defines "airworthiness directive" to include Foreign State of Design ADs issued on or after 1 October 2009. Therefore, when a Foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft. CASA has the discretion to grant an exclusion from the AD or approve an alternative means of compliance. The obligations imposed by this regulation primarily rest on CASA, which must issue ADs to ensure the continuing airworthiness of aircraft and aeronautical products. These directives must comply with the Convention on International Civil Aviation and be consistent with the requirements set out in Annex 8. CASA must also ensure that ADs are issued in a timely manner and are communicated effectively to the relevant stakeholders. Additionally, CASA must evaluate the necessity of exclusions or alternative means of compliance when Foreign State of Design ADs are issued. The State of Registry, in this case, Australia, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure compliance with ADs. The State of Design, on the other hand, is responsible for providing necessary information to ensure the continuing airworthiness of an aircraft type. There are no specific offences, penalties, or civil/criminal consequences outlined in the Civil Aviation Safety Regulations 1998 for breaches related to ADs. However, failure to comply with ADs can lead to enforcement actions by CASA, which may include fines, suspension or revocation of airworthiness certificates, and other regulatory actions. The maximum penalties for such breaches would depend on the severity of the non-compliance and the specific regulations applicable at the time of the breach. It is important to note that ADs are binding and must be complied with by all relevant parties to ensure the safety and airworthiness of aircraft and aeronautical products. The repeal of AD/DHC-6/62 Amdt 5, as detailed in CASA ADCX 009/18, is due to the superseding requirements of Transport Canada AD CF-1972-06R5 issued on 22 June 2018. The repeal took effect on 6 July 2018. No public or other consultation was undertaken on the repeal, as CASA deemed it unnecessary due to the superseding AD. Furthermore, a Regulation Impact Statement (RIS) was not required, as ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation. A Statement of Compatibility with Human Rights is included in Attachment 1, confirming that the legislative instrument is compatible with human rights as it does not raise any human rights issues.