CASA ADCX 015/15 - Repeal of Airworthiness Directives

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Legislation au F2015L01653 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 015/15 — Repeal of Airworthiness Directives

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), 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. Foreign State of Design ADs issued on or after 1 October 2009 are defined as ADs under regulation 39.001A of CASR 1998. When a foreign State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must accept that AD. 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/AS 355/36 Amdt 1 and AD/ECUREUIL/57 Amdt 1 because the requirements of these 2 ADs have been superseded by European Aviation Safety Agency AD 2015-0195 issued on 23 September 2015 with an effective date of 7 October 2015.

Consultation

No consultation with the Australian public has taken place on the repeal of AD/AS 355/36 Amdt 1 and AD/ECUREUIL/57 Amdt 1. These ADs applied a foreign State of Design AD that will no longer be in force in the State of Design and its retention would have been purposeless. The repeal results in a reduction of the regulatory burden. For this reason, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments 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.

 

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 1998 and subsection 94 (1) of the Act.

The instrument commences on 19 October 2015.

[Instrument number CASA ADCX 015/15]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

CASA ADCX 015/15 — Repeal of Airworthiness Directives

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 2 airworthiness directives (ADs) that have 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.

 

These ADs relate 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, enacted under the Civil Aviation Act 1988, were established to ensure the safety of air navigation through regulatory provisions. One of the mechanisms for maintaining aircraft airworthiness is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which is Australia’s national airworthiness authority. The explanatory statement for CASA ADCX 015/15 addresses the need to repeal two specific ADs, AD/AS 355/36 Amdt 1 and AD/ECUREUIL/57 Amdt 1, as their requirements have been superseded by a more recent European Aviation Safety Agency AD 2015-0195. This repeal is intended to streamline the regulatory framework, reducing redundancy and regulatory burden without any negative impact on human rights, as outlined in the Statement of Compatibility with Human Rights. The instrument was made by a delegate of CASA and commenced on 19 October 2015, reflecting the need to align Australian regulations with international standards and practices.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998), as amended by CASA ADCX 015/15, applies to the Civil Aviation Safety Authority (CASA) and all entities and individuals subject to airworthiness directives (AD) concerning aircraft and aeronautical products. The regulation's scope extends to the entire Commonwealth of Australia, aligning with the overarching objectives of the Civil Aviation Act 1988. This Act empowers CASA to issue ADs to ensure the safety of air navigation. ADs are legislative instruments unless they specifically apply to a particular person, aircraft, or aeronautical product, and their issuance is subject to the requirements set out in Annex 8 to the Convention on International Civil Aviation. The repeal of AD/AS 355/36 Amdt 1 and AD/ECUREUIL/57 Amdt 1, as executed by CASA ADCX 015/15, reflects the supersession of these directives by a European Aviation Safety Agency AD, thereby reducing regulatory burden and maintaining alignment with international standards. No consultation or further regulatory impact assessment was deemed necessary as the repealed directives were no longer in force in their respective State of Design, and the instrument's compatibility with human rights has been affirmed.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) (section 39.001) and the Civil Aviation Act 1988 (section 98) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are necessary to ensure the safety of air navigation. However, the Civil Aviation Safety Regulations 1998 (CASR 1998) also allow CASA to repeal ADs if they are superseded by other directives from the State of Design or if they are no longer necessary. The instrument CASA ADCX 015/15, issued under these powers, specifically repeals AD/AS 355/36 Amdt 1 and AD/ECUREUIL/57 Amdt 1 because they have been replaced by European Aviation Safety Agency AD 2015-0195. The repeal of these ADs places certain obligations on the entities governed by the CASR 1998. These include aircraft operators, manufacturers, and maintenance organisations, who must now comply with the newer AD 2015-0195. This directive is considered sufficient to maintain the airworthiness of the specified aircraft or aeronautical products, and entities must ensure that their practices align with the requirements outlined in the new directive. Furthermore, CASA, as the national airworthiness authority, is responsible for monitoring compliance and ensuring that the regulatory standards are upheld. Breaching the provisions of the CASR 1998 or failing to comply with an airworthiness directive can lead to significant legal consequences. Under the Civil Aviation Act 1988 (section 327), CASA can impose penalties for non-compliance with airworthiness regulations. These penalties can include fines, with the maximum penalty varying depending on the severity of the breach. Additionally, repeated or serious non-compliance can result in more severe consequences, such as suspension or revocation of airworthiness certificates, which can critically impact the ability of an aircraft to operate legally. These penalties underscore the importance of adhering to the regulations and maintaining the highest safety standards in aviation.

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