Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to ensure the safety of civil aviation in Australia and to implement the Convention on International Civil Aviation. The repeal of Airworthiness Directive CASA AD/RES/10 Amdt 4 – Indiana Mills Safety Belts, which was a legislative instrument made by the Civil Aviation Safety Authority (CASA), addresses a gap in the need for continuing airworthiness directives that are no longer necessary. This repeal was made under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for carrying out the provisions of the Convention on International Civil Aviation. The policy objective behind this repeal is to provide relief to the industry by removing outdated requirements, as Australian aircraft operators would have already complied with the directive long ago. Additionally, equivalent ADs from other National Aviation Authorities ensure that the global fleet is still addressed. The repeal was implemented without the need for consultation or a Regulation Impact Statement, as it provides relief to industry and does not engage any human rights issues.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) to ensure the continuing airworthiness of aircraft and aeronautical products within Australia. The repeal of the airworthiness directive CASA AD/RES/10 Amendment 4, which pertains to Indiana Mills safety belt assemblies and buckles, applies to the safety belt assemblies model IMM 111040-1, -2, -3, -4 and -8 manufactured by Indiana Mills and Manufacturing Inc., as well as all safety belts with buckles P/N 10365 or IMM 10365. This repeal applies to Australian aircraft operators who would have already complied with the AD requirements, given the existence of equivalent directives from other National Aviation Authorities. The repeal does not require consultation or a Regulation Impact Statement, as it is considered to provide relief for the industry. The instrument is compatible with human rights, as it does not engage any applicable rights or freedoms. The repeal is made under the authority conferred by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it commences on 10 December 2021.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) under the Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to make regulations that give effect to the provisions of the Convention on International Civil Aviation, including safety requirements. Regulation 39.001 of CASR allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are considered legislative instruments unless they apply to a particular person, aircraft, or aeronautical product. The repeal of the airworthiness directive CASA AD/RES/10 Amdt 4, which concerns Indiana Mills Safety Belts, is based on the understanding that Australian aircraft operators have already met these requirements and that equivalent directives from other National Aviation Authorities (NAAs) such as the FAA, CAA, and Transport Canada address the global fleet. Under this legislative instrument, CASA's obligations include ensuring that the continuing airworthiness of aircraft and aeronautical products is maintained in accordance with international standards. CASA has the authority to issue, repeal, or modify ADs to ensure compliance with safety standards. Regulation 39.001A of CASR defines an airworthiness directive to include foreign State of Design ADs issued after 1 October 2009. CASA may also grant exclusions from ADs or approve alternative means of compliance. The repeal of CASA AD/RES/10 Amdt 4 is a response to the fact that the requirements of the directive would have been met by affected Australian operators long ago, and similar ADs from other NAAs ensure the safety of the global fleet. The Act imposes a requirement on the State of Registry to develop or adopt measures to ensure the continuing airworthiness of aircraft. CASA, as the regulatory authority, must ensure that aircraft and aeronautical products meet the necessary safety standards. The repeal of AD/RES/10 Amdt 4 reflects CASA's role in reviewing and updating ADs to ensure they remain relevant and necessary. CASA's decision not to consult on this repeal is based on the premise that compliance with the directive's requirements is already achieved and that the repeal would provide relief for the industry. The Act also stipulates that offences and penalties for non-compliance with airworthiness directives can lead to both civil and criminal consequences. While the specific penalties for breaching ADs are not detailed in this repeal instrument, breaches of CASR can result in significant fines and other penalties, including imprisonment for serious offences. The maximum penalties are not specified in this repeal but are outlined in other sections of CASR and the Civil Aviation Act 1988. CASA may take enforcement actions against individuals or organisations that fail to comply with airworthiness directives, ensuring that safety standards are upheld in the aviation industry.