Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 011/18 — Repeal of Airworthiness Directive AD/BELL 206/175
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), 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, 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This instrument repeals AD/BELL 206/175 because the requirements of AD/BELL 206/175 have been superseded by European Aviation Safety Agency (EASA) AD 2018-0175-E issued on 15 August 2018 with an effective date of 20 August 2018.
Consultation
No public or other consultation has taken place on the repeal of AD/BELL 206/175 because the requirements of AD/BELL 206/175 have been superseded by EASA AD 2018-0175-E, which must now be complied with because it is a Foreign State of Design AD. 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 (OBPR id. 14507).
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 and subsection 94 (1) of the Act.
The instrument commences on 24 August 2018.
[Instrument number CASA ADCX 011/18]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 011/18 — Repeal of Airworthiness Directive AD/BELL 206/175
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 an airworthiness directive (AD) that has been superseded by a foreign State of Design AD issued by the national airworthiness authority of the State of Design of the aircraft or aeronautical product.
This AD relates 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 of civil aviation in Australia, aligning with international standards set forth in the Convention on International Civil Aviation. This regulation empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety of aircraft and aeronautical products. The explanatory statement for F2018L01137 highlights the repeal of AD/BELL 206/175, an airworthiness directive that has been superseded by a more recent directive issued by the European Aviation Safety Agency (EASA). The repeal of AD/BELL 206/175 aims to ensure that Australian civil aviation practices remain consistent with international safety standards, as the newer EASA directive now governs the required safety measures. The repeal was made under the authority conferred by the Civil Aviation Act 1988, and no consultation was deemed necessary as the older directive had already been effectively replaced by the new directive from the State of Design. This legislative action underscores CASA’s commitment to maintaining the highest standards of airworthiness in accordance with international conventions and agreements.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by this instrument, apply to aircraft and aeronautical products registered in Australia and their operators. This legislation, stemming from the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives to ensure safety in civil aviation. The regulations cover a broad range of entities, including aircraft manufacturers, maintenance organisations, and pilots. Their geographic reach extends nationally, with compliance mandatory for all aircraft registered in Australia. However, CASA has the discretion to grant exclusions or approve alternative means of compliance. The repeal of Airworthiness Directive AD/BELL 206/175, superseded by a European Aviation Safety Agency directive, reflects the international coordination necessary to maintain airworthiness standards. The instrument does not necessitate consultation due to the supersession of the directive and is deemed compatible with human rights, as it does not engage any applicable rights or freedoms.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR) are central to ensuring the safety of civil aviation in Australia, and this legislation specifically targets the repeal of Airworthiness Directive (AD) AD/BELL 206/175 (section 39.001). This repeal is due to the directive being superseded by the European Aviation Safety Agency (EASA) AD 2018-0175-E, which was issued on 15 August 2018 and became effective on 20 August 2018. The repeal of AD/BELL 206/175 is necessary to align Australian aviation safety regulations with the latest international standards set by EASA, ensuring that all aircraft registered in Australia comply with the most current safety directives.
Under the Civil Aviation Act 1988 (section 98), the Governor-General has the authority to create regulations that implement international safety standards, and the Civil Aviation Safety Authority (CASA) is empowered under regulation 39.001 of the CASR to issue ADs. The ADs are intended to maintain the continuing airworthiness of aircraft, and they apply to aircraft registered in Australia as well as those designed by foreign states. CASA can also exclude certain aircraft from an AD or approve alternative means of compliance if necessary. In this case, the repeal of AD/BELL 206/175 and the adoption of EASA AD 2018-0175-E means that all relevant parties must now comply with the new directive to ensure continued adherence to international safety standards.
Parties governed by the CASR, including aircraft operators, maintenance organisations, and individuals involved in the inspection and rectification of specified aircraft, must ensure they are aware of and comply with the new AD. They are required to implement the safety measures outlined in EASA AD 2018-0175-E, which may include specific inspections, maintenance actions, or other safety-related procedures. Failure to comply with these requirements could result in serious safety implications, including potential grounding of aircraft or other enforcement actions by CASA.
In terms of consequences, any breach of the AD requirements could lead to enforcement actions by CASA. While specific penalties are not detailed in this repeal instrument, CASA generally has the authority to issue fines, suspend or revoke airworthiness certificates, and take other regulatory actions against non-compliant entities. The exact penalties would depend on the severity and circumstances of the breach, but they could include substantial financial penalties as well as operational restrictions on the non-compliant aircraft. Ensuring compliance with the new AD is therefore crucial for all parties involved in the maintenance and operation of affected aircraft.