Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 011/15 — Repeal 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 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. Foreign State of Design ADs issued on or after 1 October 2009 are defined as ADs under regulation 39.001A of CASR 1998. When a foreign State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must accept that AD. 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 8 ADs for the following reason.
This instrument repeals AD/BEECH 33/32 Amdt 2, AD/BEECH 35/59 Amdt 2, AD/BEECH 36/31 Amdt 2, AD/BEECH 55/69 Amdt 2, AD/BEECH 56/27 Amdt 2, AD/BEECH 60/40 Amdt 2, AD/BEECH 65/62 Amdt 3 and AD/BEECH 90/78 Amdt 2 because the requirements of these ADs have been superseded by the aircraft manufacturer’s Instructions for Continuing Airworthiness (ICAs). In addition to this, the Aircraft Maintenance Manual for each of the relevant aircraft models prohibits towing with the rudder pedals locked. This practice is a suspected cause of the premature cracking which was the subject of each of the repealed AD's.
Consultation
No consultation with the Australian public has taken place on the repeal of ADs AD/BEECH 33/32 Amdt 2, AD/BEECH 35/59 Amdt 2, AD/BEECH 36/31 Amdt 2, AD/BEECH 55/69 Amdt 2, AD/BEECH 56/27 Amdt 2, AD/BEECH 60/40 Amdt 2, AD/BEECH 65/62 Amdt 3 and AD/BEECH 90/78 Amdt 2 as the requirements of these ADs have been superseded by the aircraft manufacturer’s Instructions for Continuing Airworthiness (ICAs) and retention of these ADs would have been purposeless. The repeals result in a reduction of the regulatory burden. For this reason, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments 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 1998 and subsection 94 (1) of the Act.
The instrument commences on 25 July 2015.
[Instrument number CASA ADCX 011/15]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 011/15 — 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 CASA ADs AD/BEECH 33/32 Amdt 2, AD/BEECH 35/59 Amdt 2, AD/BEECH 36/31 Amdt 2, AD/BEECH 55/69 Amdt 2, AD/BEECH 56/27 Amdt 2, AD/BEECH 60/40 Amdt 2, AD/BEECH 65/62 Amdt 3 and AD/BEECH 90/78 Amdt 2 as the requirements of these ADs have been superseded by the aircraft manufacturer’s Instructions for Continuing Airworthiness (ICAs).
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