Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 014/18 — Repeal of Airworthiness Directive
AD/A320/204 Amdt 1
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This instrument repeals AD/A320/204 Amdt 1 because the requirements of AD/A320/204 Amdt 1 have been superseded by European Aviation Safety Agency (EASA) AD 2018-0218 issued on 11 October 2018 with an effective date of 25 October 2018.
Consultation
No public or other consultation has taken place on the repeal of AD/A320/204 Amdt 1 because the requirements of AD/A320/204 Amdt 1 have been superseded by EASA AD 2018-0218 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 25 October 2018.
[Instrument number CASA ADCX 014/18]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 014/18 — Repeal of Airworthiness Directive
AD/A320/204 Amdt 1
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 implement and enforce the safety provisions of the Convention on International Civil Aviation and to ensure the safe operation of aircraft within Australia. This legislation was introduced to address the need for stringent safety regulations in civil aviation, particularly in relation to the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 were made under the authority of the Civil Aviation Act 1988, enacted by the Commonwealth Parliament, with the policy objective of enhancing aviation safety both domestically and internationally. This regulatory framework allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products, ensuring that these meet the necessary safety standards. The repeal of Airworthiness Directive AD/A320/204 Amdt 1, detailed in F2018L01437, exemplifies the dynamic nature of these regulations, adapting to new safety standards and directives from other international aviation authorities such as the European Aviation Safety Agency. This regulatory adjustment ensures that Australian aviation practices remain aligned with global safety benchmarks, thereby maintaining the integrity and safety of the nation's aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR) are made under section 98 of the Civil Aviation Act 1988, empowering the Governor-General to implement regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety. These regulations apply to any person, entity, or aircraft registered in Australia, thereby affecting a broad range of industries and conduct within Australia's jurisdiction. They are designed to ensure the continuing airworthiness of aircraft and aeronautical products by enforcing airworthiness directives (ADs). CASA, as the regulatory body, has the authority to issue ADs under regulation 39.001 of the CASR, which can apply to specific aircraft or aeronautical products or generally, unless stated otherwise. The ADs are subject to repeal, rescind, revoke, amend, or vary, as per subsections 98(5B) and (5BA) of the Act, which are legislative instruments unless they apply to a particular person, aircraft, or product. The repealed AD/A320/204 Amdt 1, superseded by EASA AD 2018-0218, exemplifies this process, and its repeal does not require consultation or a Regulation Impact Statement due to existing agreements and the nature of ADs. The repeal is effective from 25 October 2018, aligning with the new directive.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR) provide a framework for ensuring the safety of civil aviation in Australia, including through the issuance of airworthiness directives (ADs). Section 39.001 of the CASR allows the Civil Aviation Safety Authority (CASA) to issue an AD for a type of aircraft or aeronautical product. This regulatory instrument repeals AD/A320/204 Amdt 1, which had previously been issued to ensure the airworthiness of certain aircraft. The repeal is necessary because the requirements of AD/A320/204 Amdt 1 have been superseded by a more recent European Aviation Safety Agency (EASA) AD, specifically EASA AD 2018-0218. The superseded AD, AD/A320/204 Amdt 1, is no longer applicable as of 25 October 2018, the effective date of the new EASA AD.
The obligations imposed by the CASR on the parties and entities it governs include adherence to the airworthiness directives issued by CASA. Operators of aircraft registered in Australia must comply with all applicable ADs to ensure that their aircraft remain airworthy. This includes conducting inspections and making necessary repairs or modifications as specified in the ADs. CASA has the authority to issue ADs and to grant exclusions from or approve alternative means of compliance with these directives. Operators must also ensure that they are aware of all relevant ADs and that they take appropriate action to comply with them.
Breach of the requirements set out in the CASR, including failure to comply with airworthiness directives, can result in significant legal consequences. Civil penalties for non-compliance can include fines of up to $1.2 million for corporations and $240,000 for individuals, as provided under section 98 of the Civil Aviation Act 1988. Additionally, the operation of an aircraft that is not in a condition for safe flight is an offence under section 90.05 of the CASR, which can result in criminal penalties. These penalties include fines of up to $1.2 million for corporations and $240,000 for individuals, as well as imprisonment for up to two years. The severity of these penalties underscores the importance of compliance with airworthiness directives and other safety regulations.