Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to ensure the safety of civil aviation in Australia, in line with the Convention on International Civil Aviation. The Australian Parliament, through the Civil Aviation Act 1988, empowered the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 address a gap by providing a regulatory framework that aligns with international safety standards, ensuring that aircraft operating in Australia meet necessary safety requirements. The instrument F2020L01346, specifically repealing Airworthiness Directive AD/A109/61, was introduced to update the regulatory framework to reflect the latest international safety standards. This repeal was necessary as the requirements of AD/A109/61 have been superseded by the European Aviation Safety Agency (EASA) AD 2020-0230, which must now be complied with. The repeal was made under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensuring that Australian aviation safety standards remain current and effective.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) were made under section 98 of the Civil Aviation Act 1988 to give effect to the Convention on International Civil Aviation, particularly in relation to safety. The regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for certain aircraft and aeronautical products. These ADs apply to any aircraft or aeronautical products registered in Australia, regardless of the state or territory, and are enforceable under Commonwealth law. The regulations allow for the exclusion of certain aircraft or aeronautical products from an AD if CASA deems it appropriate, or the approval of alternative means of compliance. The scope of the regulations can be extended or restricted through subordinate instruments, such as the repeal of AD/A109/61, which has been superseded by European Aviation Safety Agency AD 2020-0230. The repeal of AD/A109/61 does not require consultation as its requirements have been superseded, and a Regulation Impact Statement is not required under a standing agreement between CASA and the Office of Best Practice Regulation. The instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The main operative sections of this legislation, specifically CASA ADCX 012/20, pertain to the repeal of Airworthiness Directive AD/A109/61 (section 1). This repeal occurs because the requirements previously stipulated in AD/A109/61 have been superseded by the European Aviation Safety Agency (EASA) AD 2020-0230, which was issued on 22 October 2020 and took effect on 5 November 2020. The authority to make this regulation is derived from section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to create regulations necessary for the enforcement of international civil aviation safety provisions. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further supports this by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for aircraft and aeronautical products. The repeal is effective from the same date as the EASA directive, ensuring a seamless transition in regulatory requirements. The obligations imposed by this legislation on the parties it governs are primarily concerned with compliance with the new regulatory requirements established by EASA AD 2020-0230. Operators and maintainers of aircraft that were previously subject to AD/A109/61 must now adhere to the directives outlined in EASA AD 2020-0230. This includes ensuring that any necessary inspections and rectifications or maintenance are carried out in accordance with the new directive. CASA retains the authority to grant exclusions from the directive or approve alternative means of compliance, as permitted under Regulation 39.001A of the CASR. The State of Registry, responsible for the continuing airworthiness of individual aircraft, must also ensure that all applicable safety directives are adhered to, thereby maintaining the safety and airworthiness of aircraft operating under Australian jurisdiction. The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach, as the primary focus is on the repeal of an existing directive and the substitution with a new one. However, non-compliance with airworthiness directives can generally result in severe consequences under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These consequences can include fines, imprisonment, or both, depending on the severity of the breach and the potential risk posed to aviation safety. The exact penalties are not detailed in this specific repeal instrument but are governed by the broader regulatory framework within which CASA operates. The transition to the new directive is intended to ensure that all safety standards are met, and any failure to comply could result in enforcement actions by CASA.