Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of civil aviation in Australia, in accordance with the Civil Aviation Act 1988. The regulations address the need for a comprehensive and consistent framework governing the airworthiness of aircraft and aeronautical products. They were established by the Australian Parliament under the authority conferred by the Civil Aviation Act 1988, with the primary policy objective being to enhance the safety standards within the aviation industry. The CASR 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to mandate safety measures and ensure that aircraft and aeronautical products maintain their airworthiness. The authority to repeal such directives is also provided within these regulations, allowing for the updating and refinement of safety standards as required.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 applies to all civil aviation activities within Australia, encompassing aircraft, aeronautical products, and related personnel. The Act extends to the regulation of airworthiness, safety, and operational standards across the Commonwealth and is designed to ensure that civil aviation activities comply with both national and international standards. This includes the issuance and repeal of airworthiness directives (ADs), which are legislative instruments that mandate specific actions to ensure the continuing airworthiness of aircraft or aeronautical products. ADs apply to all relevant aircraft registered in Australia, regardless of the State of Design, and may include Foreign State of Design ADs issued on or after 1 October 2009. The Civil Aviation Safety Authority (CASA) has the authority to issue, amend, or repeal these ADs, as well as to grant exclusions or approve alternative means of compliance. This instrument specifically repeals AD/JETSTREAM/90 Amdt 3, as its requirements have been superseded by a more recent EASA AD 2017-0157, effective from 8 September 2017. The repeal was made under the authority conferred by the Civil Aviation Act 1988 and the Acts Interpretation Act 1901, and no consultation was deemed necessary due to the supersession by the more recent directive. The repeal instrument was made by a delegate of CASA and came into effect on 8 September 2017.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) in this context include section 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. Section 39.001A further defines "airworthiness directive" to encompass ADs issued by foreign States of Design, provided they are issued on or after 1 October 2009. Additionally, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations, which includes repealing existing ADs when they are superseded by newer directives from foreign authorities, such as the European Aviation Safety Agency (EASA). This legislative instrument specifically repeals AD/JETSTREAM/90 Amdt 3 due to its supersession by EASA AD 2017-0157. The obligations imposed by this Act on the parties it governs primarily concern the continuing airworthiness of aircraft and aeronautical products. The State of Design, which is the country responsible for the design of an aircraft, has the primary responsibility for ensuring the ongoing airworthiness of the aircraft type and must provide necessary information to the State of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as the regulatory authority, has the authority to issue ADs and can also grant exclusions from these directives or approve alternative means of compliance. This ensures that aircraft maintain their airworthiness in accordance with the latest safety standards and requirements. There are no specific offences, penalties, or consequences for breach detailed in this legislative instrument. The repeal of AD/JETSTREAM/90 Amdt 3 and its replacement by EASA AD 2017-0157 is a straightforward administrative action aimed at ensuring that Australian aircraft comply with the most current safety regulations. However, failing to comply with an AD, including the superseded one, could potentially lead to enforcement actions under other sections of the CASR 1998, such as fines or other administrative penalties. The primary focus of this instrument is the administrative update of regulatory requirements rather than the imposition of new penalties.