CASA ADCX 011/16 - Repeal of Airworthiness Directive

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of civil aviation and the protection of life and property in connection with air navigation. Under the Civil Aviation Act 1988, the Governor-General has the authority to make regulations, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The 2016 legislative instrument, CASA ADCX 011/16, was introduced by CASA to repeal Airworthiness Directive AD/F406/5. This repeal was necessary because the requirements of AD/F406/5 had been superseded by a more recent AD issued by the European Aviation Safety Agency. The repeal aimed to reduce the regulatory burden and streamline aviation safety standards in line with international practices. The repeal did not require further consultation or a Regulation Impact Statement as it addressed an outdated directive and its removal was deemed purposeless. The instrument was made under the delegation power of CASA and commenced on 8 June 2016.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 011/16, applies to the aviation industry within Australia, specifically to the continuing airworthiness of aircraft and aeronautical products registered in the Australian aircraft register. This legislation enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. ADs can be issued for a particular aircraft, aeronautical product, or a type of aircraft and aeronautical product. This regulation encompasses all civil aviation activities within Australian jurisdiction, extending to the enforcement of ADs issued by foreign State of Designs in accordance with international standards set by the International Civil Aviation Organization. The repeal of AD/F406/5 under this legislation exemplifies the dynamic nature of aviation safety regulations, where CASA may adjust or repeal directives based on updated or superseded foreign regulations. This instrument does not apply to the general public but rather to the entities and individuals involved in the aviation sector, including aircraft operators, maintenance organisations, and aviation authorities. The repeal of AD/F406/5 due to the issuance of a more recent European Aviation Safety Agency AD highlights the continuous effort to harmonise and streamline airworthiness directives across international borders while maintaining safety standards. The repeal reflects the commitment to reducing regulatory burdens without compromising on safety.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended through the instrument CASA ADCX 011/16, which repeals Airworthiness Directive AD/F406/5. This repeal is due to the requirements of AD/F406/5 being superseded by a more recent European Aviation Safety Agency AD 2016-0101, issued on 25 May 2016 and effective from 8 June 2016. This specific AD, AD/F406/5, pertained to the inspection and rectification or maintenance of specified aircraft or aeronautical products, but its relevance has been rendered obsolete by the newer directive from the State of Design. The repeal of AD/F406/5 aligns with the overarching responsibilities outlined in the Civil Aviation Act 1988 (section 98) and the Acts Interpretation Act 1901 (subsection 33(3)), which empower the Civil Aviation Safety Authority (CASA) to make regulations in the interests of safety, including the ability to repeal, rescind, or amend existing directives. Moreover, in accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design has the responsibility for ensuring the continuing airworthiness of an aircraft type, and CASA, as Australia's national airworthiness authority, must accept foreign State of Design ADs, although it may grant exclusions or approve alternative means of compliance. Entities and individuals governed by AD/F406/5 are now exempt from its requirements as of the effective date of the repeal, 8 June 2016. The repeal aims to streamline regulatory compliance and reduce unnecessary burdens, particularly as the superseded AD no longer serves a purpose within the State of Design. CASA, in its capacity as the national airworthiness authority, has determined that further consultation under the Legislation Act 2003 is neither necessary nor appropriate, considering the specific circumstances of this repeal. For breaches related to airworthiness directives, the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 provide for various civil and criminal penalties. Under section 21 of the Civil Aviation Act 1988, a person who contravenes a regulation, such as an airworthiness directive, can be liable to a civil penalty of up to $22,200 for individuals and $111,000 for bodies corporate. Additionally, under section 19 of the Act, a person who wilfully or recklessly contravenes a regulation may be subject to criminal penalties, including fines of up to $222,000 for individuals and $1,110,000 for bodies corporate, and imprisonment for up to five years. These penalties underscore the importance of compliance with airworthiness directives to maintain safety standards in aviation.