Explanatory Statement
Civil Aviation Regulations 1988
Revocation of Airworthiness Directives
Legislation
Under section 98 of the Civil Aviation Act 1988, 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. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative 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 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 assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
AD/A320/151
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 The requirements of this airworthiness directive have been superseded by EASA AD 2011-0134 issued on
15 July 2011.
AD/B747/171 Amdt 5
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 The requirements of this airworthiness directive have been superseded by FAA AD 2011-15-03 issued on
15 July 2011.
Consultation
No consultation with the Australian public has taken place on these AD cancellations. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the A/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 015/11]
Overview
The Civil Aviation Regulations 1988 were enacted to provide a regulatory framework that ensures the safety of air navigation in Australia. These regulations were introduced under the authority of the Civil Aviation Act 1988, with the overarching goal of maintaining high standards of safety within Australia's civil aviation sector. The Civil Aviation Safety Regulations 1998 further detail the specific procedures and requirements for airworthiness, including the issuance of airworthiness directives (ADs). These directives are critical tools used to mandate safety requirements for aircraft and aeronautical products, ensuring they meet the necessary standards for safe operation. The problem or gap addressed by these regulations is the need for a structured and legally binding framework to enforce airworthiness standards, particularly in response to international standards set by ICAO. The Civil Aviation (Safety) Act 1988 empowers the Civil Aviation Safety Authority (CASA) to issue these directives and manage the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Regulations 1988, as amended by F2011L01527, govern the scope and application of airworthiness directives (ADs) within the Australian aviation industry. These regulations apply to all aircraft registered in Australia, regardless of the aircraft’s country of manufacture, ensuring that they meet the continuing airworthiness standards set by the Civil Aviation Safety Authority (CASA). The ADs are legislative instruments made under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. As such, CASA, acting as Australia’s national airworthiness authority, must issue Australian ADs when necessary to enforce the requirements of State of Design ADs. These directives supersede any previous mandates and are critical in maintaining the safety standards of air navigation in Australia. While the ADs do not require public consultation or a Regulatory Impact Statement, they are essential for ensuring compliance with international standards set by the Convention on International Civil Aviation. The revocation of specific ADs, as detailed in F2011L01527, indicates that certain directives have been superseded by newer, more comprehensive requirements issued by other national aviation authorities such as the European Aviation Safety Agency (EASA) and the Federal Aviation Administration (FAA).
Key Provisions
The Civil Aviation Regulations 1988, as amended, provide specific provisions for the revocation of certain airworthiness directives (ADs). These regulations are designed to ensure the safety of air navigation, in accordance with section 98 of the Civil Aviation Act 1988. The key sections of these regulations, particularly section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for various types of aircraft and aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus constitutes a legislative instrument.
These provisions impose certain obligations on CASA and other relevant parties. CASA, as Australia's national airworthiness authority, is responsible for assessing information provided by the State of Design and, if necessary, issuing Australian ADs to mandate the requirements of the State of Design. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, such as Australia, to ensure that aircraft maintain their airworthiness. The State of Registry, in this case, Australia, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
In terms of consequences for non-compliance, the regulations do not specify particular offences, penalties, or civil/criminal consequences for breaching the requirements of these revoked ADs. However, it is important to note that failure to comply with ADs generally could result in severe penalties under the Civil Aviation Act 1988, including fines and imprisonment. The maximum penalties for breaches related to airworthiness can be found in various sections of the Act, which may apply depending on the specific circumstances of the non-compliance. These penalties underscore the critical importance of adhering to airworthiness directives to maintain the safety of air navigation.