Overview

The Civil Aviation Safety Regulations 1998 (CASR), enacted by the Australian Parliament under the Civil Aviation Act 1988, governs the regulation of airworthiness and safety in civil aviation. The Civil Aviation Safety Authority (CASA) administers these regulations and has the authority to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. The purpose of the legislation is to ensure that all aircraft operating in Australia maintain their airworthiness and comply with international safety standards as per the Convention on International Civil Aviation. This particular legislative instrument, CASA ADCX 015/18, was introduced to repeal thirty airworthiness directives (AD/AMD 20/1 to AD/AMD 20/30) as these directives have been deemed redundant due to the absence of any aircraft registered in Australia that these directives applied to. Instead, the regulation requires compliance with State of Design ADs, which have been published in their place. The repeal of these directives was made under the authority delegated to CASA and commenced on 31 October 2018. The repeal was deemed necessary as no consultation was required due to the redundancy of the directives. Furthermore, a Regulation Impact Statement was not needed as ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation. The legislation is compatible with human rights, as stated in the Statement of Compatibility with Human Rights, as it does not engage any applicable rights or freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR), under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for specific types of aircraft and aeronautical products. These ADs are legislative instruments unless they are specifically targeted at a particular person, aircraft, or aeronautical product. The authority to issue these ADs is derived from the Convention on International Civil Aviation and Annex 8, which outlines the responsibilities of States of Design and Registry in ensuring the continuing airworthiness of aircraft. In particular, the State of Registry is tasked with implementing requirements to ensure that aircraft remain airworthy, and in the case of Australia, CASA may issue ADs or alternatively approve alternative means of compliance with State of Design ADs. The scope of this specific legislation, CASA ADCX 015/18, pertains to the repeal of thirty ADs previously issued by CASA, as these directives have become redundant due to the absence of any applicable aircraft on the Australian Register. Consequently, the repealed ADs no longer apply, and compliance with State of Design ADs is mandated. The repeal of these ADs was not subject to consultation, as CASA determined it unnecessary due to their redundancy, and no Regulation Impact Statement was required as ADs are covered by a standing agreement with the Office of Best Practice Regulation. Furthermore, a Statement of Compatibility with Human Rights has been provided, confirming that the repealed ADs do not engage any human rights or freedoms. This legislative instrument comes into effect on 31 October 2018, with CASA delegating the power to make the instrument under the CASR and the Civil Aviation Act.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) include provisions for the issuance of airworthiness directives (ADs) as per regulation 39.001 (section 39.001). These ADs are legislative instruments unless specified to apply to a particular person, aircraft, or aeronautical product (sections 98(5B) and (5BA) of the Civil Aviation Act 1988). The Act grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs to ensure compliance with safety standards. Regulation 39.001A of CASR defines an airworthiness directive to include Foreign State of Design ADs issued on or after 1 October 2009, thereby extending their applicability to Australian aircraft (section 39.001A). However, CASA has the discretion to grant exclusions from these ADs or approve alternative means of compliance (section 39.001A). The repealed ADs, AD/AMD 20/1 to AD/AMD 20/30, were no longer necessary because there were no aircraft registered in Australia to which they applied. The Dassault Falcon 20 series aircraft, the only applicable aircraft, are now required to comply only with State of Design ADs as per part 39 of CASR. This repeal aligns with international practices under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type and that States of Registry must develop or adopt requirements to ensure such airworthiness. Given that all applicable State of Design ADs have been published, CASA deemed it unnecessary to undertake any consultation under section 17 of the Legislation Act 2003 (section 33(3) of the Acts Interpretation Act 1901). There are no offences or penalties explicitly stated for the breach of these repealed ADs since they are no longer in effect. However, any aircraft registered in Australia must still comply with the current ADs applicable to their type as per CASR. Non-compliance with ADs can result in severe consequences, including the prohibition of flight operations, fines, or other enforcement actions by CASA. The repealed ADs no longer carry any legal obligations or penalties, but the continued operation of any aircraft under non-compliance with current ADs can lead to serious regulatory consequences (sections 98 and 39.001 of CASR). The instrument that repealed AD/AMD 20/1 to AD/AMD 20/30 was made by a delegate of CASA under the delegation power specified in subregulation 11.260(1) of CASR and subsection 94(1) of the Act (section 11.260 and section 94 of the Act). The repeal came into effect on 31 October 2018, as stated in the instrument CASA ADCX 015/18. Additionally, a Statement of Compatibility with Human Rights has been provided, confirming that the repealed ADs do not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011, thereby ensuring compliance with human rights legislation (Attachment 1).