CASA ADCX 011/17 - Repeal of Airworthiness Directives

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Legislation au F2017L00968 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 011/17 — Repeal of Airworthiness Directives

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations. 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. Regulation 39.001A of CASR 1998, 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 three ADs for the following reason.

The requirements of AD/A320/74 Amdt 1 have been superseded by European Aviation Safety Agency (EASA) AD 2017-0128 issued on 24 July 2017 with an effective date of 7 August 2017.

The requirements of AD/HU 269/103 have been superseded by United States of America Federal Aviation Administration (FAA) AD 2017-14-06 issued on 3 July 2017 with an effective date of 25 August 2017.

The requirements of AD/PA-30/7 have been superseded by United States of America Federal Aviation Administration (FAA) AD 2017-15-05 issued on 12 July 2017 with an effective date of 28 August 2017.

Consultation

No public or other consultation has taken place on the repeal of AD/A320/74 Amdt 1, AD/HU 269/103 and AD/PA-30/7 because the requirements of AD/A320/74 Amdt 1, AD/HU 269/103 and AD/PA-30/7 have been superseded by EASA AD 2017-0128, FAA ADs 2017-14-06 and 2017-15-05, which must now be complied with because they are Foreign State of Design ADs. 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.

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 7 August 2017.

[Instrument number CASA ADCX 011/17]


Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

CASA ADCX 011/17 — 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 airworthiness directives (ADs) that have been superseded by foreign State of Design ADs issued by the national airworthiness authority of the State of Design of the aircraft or aeronautical product.

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 were enacted to ensure the safety and airworthiness of aircraft operating in Australia. This legislation was introduced to address the need for consistent and stringent aviation safety standards, thereby protecting the public and enhancing the safety of civil aviation. The Australian Parliament, through the Civil Aviation Act 1988, authorised the creation of these regulations, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). The policy objective is to ensure that all aircraft and aeronautical products maintain their airworthiness, thereby preventing accidents and ensuring the safety of passengers and crew. The Civil Aviation Safety Regulations 1998, therefore, play a crucial role in harmonising Australia's aviation safety practices with international standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) govern the application of airworthiness directives (ADs) under the Civil Aviation Act 1988 (Act). Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft types and aeronautical products registered in Australia, or for which the State of Design has issued equivalent directives. ADs are legislative instruments unless they are specified to apply to a particular person, aircraft, or product. The Act's power to make regulations includes the authority to repeal, rescind, revoke, amend, or vary any such instrument, in accordance with the Acts Interpretation Act 1901. The repeal of certain ADs, as outlined in this instrument, reflects the ongoing responsibility of the State of Design to ensure continuing airworthiness, with Australian States of Registry required to adopt or develop corresponding requirements. This repeal applies nationally and to all relevant aircraft and aeronautical products within Australia, with the instrument commencing on 7 August 2017.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) and the Civil Aviation Act 1988 (the Act) provide the legislative framework for airworthiness directives (ADs) in Australia. Under section 39.001 of the CASR 1998, the Civil Aviation Safety Authority (CASA) may issue an AD for a kind of aircraft or aeronautical product (section 39.001). These ADs are legislative instruments unless they apply to a particular person, aircraft, or aeronautical product (subsection 98(5B) and (5BA) of the Act). Additionally, the authority to issue ADs includes the power to repeal them (subsection 33(3) of the Acts Interpretation Act 1901). The State of Design has overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in this context refers to Australia, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure this (subsection 39.001A of CASR 1998). The primary obligation imposed by the repealed ADs was to ensure the airworthiness of specified aircraft or aeronautical products through compliance with the directives. These obligations included conducting inspections, making necessary rectifications, and maintaining records of compliance. The ADs were superseded by newer directives issued by the European Aviation Safety Agency (EASA) and the United States Federal Aviation Administration (FAA). Consequently, compliance with the new EASA and FAA directives is now required. There are no specific offences, penalties, or civil/criminal consequences mentioned for breaching the repealed ADs, as they have been superseded and are no longer in effect. However, failure to comply with the new ADs from EASA and FAA could result in enforcement actions by CASA, potentially including fines or other regulatory measures. The repealed ADs themselves no longer carry any specific penalties for non-compliance, as they have been repealed and replaced by the newer directives.

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