Explanatory Statement
Civil Aviation Regulations 1988
Revocation of Airworthiness Directives
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Under the previous subregulation 39.001(5) of CASR 1998, an AD was a legislative instrument. This is still the situation under subsection 98(5B) of the Act.
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 ICAO 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must accept that AD. State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
AD/B747/140
A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been superseded by FAA AD 2012-10-03 Amendment 39-17052 issued on 8 May 2012.
AD/B767/163 Amdt 1
A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been superseded by FAA AD 2012-11-11 Amendment 39-17074 issued on 24 May 2012.
Consultation
Foreign State of Design ADs are defined as ADs by CASR regulation 39.001A. Therefore if an Australian AD has its requirements superseded by the requirements of a State of Design AD, those requirements may under regulation 39.001A be given effect to without public consultation.
The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This 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.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
This AD cancellation has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
[Instrument number CASA ADCX 012/12]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation, were amended by the instrument F2012L01201 to revoke certain airworthiness directives (ADs). This legislation addresses the need to keep Australian civil aviation regulations aligned with international standards and practices, particularly concerning the continuing airworthiness of aircraft. The revocation of specific ADs is authorised under section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations in the interests of safety. The Civil Aviation Safety Regulations 1998 further support this objective by enabling the issuance of ADs by the Civil Aviation Safety Authority (CASA). This particular revocation was carried out by CASA, recognising the superseding nature of newer directives issued by the Federal Aviation Administration (FAA). The instrument ensures that Australian regulations remain compatible with international obligations, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design's responsibility for continuing airworthiness. The policy objective of this instrument is to maintain the highest safety standards in Australian civil aviation by keeping regulatory requirements current and effective.
Scope and Application
The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, apply to entities involved in the civil aviation industry within Australia, specifically focusing on the regulation of airworthiness directives (ADs). These regulations are intended to ensure the safety of air navigation and mandate that the Civil Aviation Safety Authority (CASA) must accept ADs issued by the State of Design when those ADs pertain to aircraft registered in Australia. The scope of these regulations extends to all aircraft types registered in Australia, ensuring that ADs issued on or after 1 October 2009, as defined under CASR Part 39.001A, must be adhered to. However, the Act allows for the cancellation of ADs when their requirements are superseded by other regulatory instruments, such as those from the Federal Aviation Administration (FAA), without necessitating public consultation. The compatibility of these regulations with human rights and freedoms is affirmed, as they do not infringe upon any rights or freedoms recognised in international instruments.
Key Provisions
The main operative sections of this instrument, found in the Civil Aviation Regulations 1988, involve the revocation of specific Airworthiness Directives (ADs). According to the explanatory statement, AD/B747/140 and AD/B767/163 Amdt 1, which were issued on or after 1 October 2009, are defined as ADs under CASR Part 39.001A. These ADs have been superseded by FAA AD 2012-10-03 Amendment 39-17052 issued on 8 May 2012 for AD/B747/140, and FAA AD 2012-11-11 Amendment 39-17074 issued on 24 May 2012 for AD/B767/163 Amdt 1. The regulations provide that these superseded ADs may be given effect to without public consultation as they are defined as ADs by CASR regulation 39.001A. The instrument has been deemed compatible with human rights and freedoms as it does not engage any of the applicable rights or freedoms.
The obligations and requirements imposed by this Act on the parties or entities it governs are primarily centred around the acceptance and implementation of ADs issued by the State of Design, which are then adopted by CASA, Australia's national airworthiness authority. The Act ensures that any superseded ADs by foreign State of Design ADs may be given effect to without public consultation. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, simplifying the regulatory process for the aviation industry.
The Civil Aviation Regulations 1988 do not explicitly state any specific offences, penalties, or civil/criminal consequences for breach in the context of this instrument. However, it is reasonable to infer that failure to comply with ADs could lead to potential safety risks, and could result in legal consequences under the Civil Aviation Act 1988 and associated regulations. This may include enforcement actions by CASA, fines, or other penalties as deemed appropriate by the courts. It is essential for all parties involved to adhere to the requirements set out in the ADs and the Civil Aviation Regulations 1988 to ensure the safety of air navigation and the continued airworthiness of aircraft.
In summary, this instrument focuses on the revocation of specific ADs, ensuring compatibility with foreign ADs, and streamlining the regulatory process. The obligations and requirements centre around the acceptance and implementation of ADs issued by the State of Design, which are adopted by CASA. Although the Act does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach, failure to comply with ADs could result in potential safety risks and legal consequences under the Civil Aviation Act 1988 and associated regulations.