Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 011/13 — Revocation of Airworthiness Directives
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. 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 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. 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 accept that AD. State of Design ADs issued on or after 1 October 2009 are defined as ADs under regulation 39.001A of CASR 1998.
Revocation
The requirements of AD/A320/40 have been superseded by European Aviation Safety Agency (EASA) AD 2013-0122 issued on 5 June 2013.
The requirements of AD/B737/142 Amdt 1 have been superseded by United States Federal Aviation Administration (FAA) AD 2013-09-10 issued on 26 April 2013.
The requirements of AD/EC 135/10 Amdt 1 have been superseded by European Aviation Safety Agency (EASA) AD 2009-0272 issued on 18 December 2009.
The requirements of AD/PA-31/78 Amdt 5 have been superseded by United States Federal Aviation Administration (FAA) AD 2013-10-04 issued on 13 May 2013.
Consequently, these ADs are being revoked.
Consultation
No consultation with the Australian public has taken place on the cancellation of these ADs because the cancellations result in a reduction of the regulatory burden. They applied airworthiness directives that were no longer in force in the State of Design and their retention would have been purposeless.
The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights
A statement of compatibility with human rights is at Attachment 1.
Commencement and making
The instrument commences on 3 July 2013.
The ADs have been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.
[Instrument number CASA ADCX 011/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 011/13 — Revocation 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 revoke legislative instruments that have been superseded.
The requirements of AD/A320/40 have been superseded by European Aviation Safety Agency (EASA) AD 2013-0122 issued on 5 June 2013.
The requirements of AD/B737/142 Amdt 1 have been superseded by United States Federal Aviation Administration (FAA) AD 2013-09-10 issued on 26 April 2013.
The requirements of AD/EC 135/10 Amdt 1 have been superseded by European Aviation Safety Agency (EASA) AD 2009-0272 issued on 18 December 2009.
The requirements of AD/PA-31/78 Amdt 5 have been superseded by United States Federal Aviation Administration (FAA) AD 2013-10-04 issued on 13 May 2013.
These airworthiness directives relate to inspection and rectification or maintenance of specified 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