Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 016/16 — Repeal of Airworthiness Directive
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations. 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. Regulation 39.001A of CASR 1998, 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, CASA 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This instrument repeals AD/A320/193 Amdt 2 because the requirements of AD/A320/193 Amdt 2 have been superseded by European Aviation Safety Agency AD 2016-0159 issued on 5 August 2016 with an effective date of 19 August 2016.
Consultation
No public or other consultation has taken place on the repeal of AD/A320/193 Amdt 2 because the requirements of AD/A320/193 Amdt 2 have been superseded by European Aviation Safety Agency AD 2016-0159, which must now be complied with. 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.
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 August 2016.
[Instrument number CASA ADCX 016/16]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 016/16 — Repeal of Airworthiness Directive
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, amended by the instrument F2016L01282, addresses the issue of updating and repealing airworthiness directives (ADs) that have been superseded by more recent regulations issued by the State of Design. This instrument was introduced to streamline and ensure the most current safety standards are enforced within Australia’s aviation sector. Enacted by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988, this regulation aims to maintain the highest levels of airworthiness by aligning Australian practices with international standards. The instrument specifically repeals AD/A320/193 Amdt 2 due to its supersession by a more recent European Aviation Safety Agency directive, AD 2016-0159. This repeal ensures that Australian aviation regulations remain current and compliant with international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 016/16, applies to all entities and individuals involved in the maintenance and operation of aircraft registered in Australia. This includes aircraft operators, maintenance service providers, and any personnel involved in the inspection and rectification processes of specified aircraft or aeronautical products. The geographic and jurisdictional reach of this regulation is national, as it pertains to aircraft registered in Australia and follows international standards set by the Convention on International Civil Aviation. The repeal of Airworthiness Directive AD/A320/193 Amdt 2 is specific to the requirements that have been superseded by the European Aviation Safety Agency AD 2016-0159, which must now be adhered to. No consultation has been deemed necessary for this repeal as the new directive already supersedes the old one, and a Regulation Impact Statement is not required under the standing agreement between CASA and the Office of Best Practice Regulation. The repeal instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. This legislative instrument was made under the authority delegated to CASA and commenced on 19 August 2016.
Key Provisions
The main operative sections of this legislation concern the repeal of Airworthiness Directive AD/A320/193 Amendment 2 (AD/A320/193 Amdt 2) by the Civil Aviation Safety Authority (CASA). Section 39.001A of the Civil Aviation Safety Regulations 1998 (CASR 1998) allows CASA to issue airworthiness directives for kinds of aircraft or aeronautical products. However, under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations, and under section 33 of the Acts Interpretation Act 1901, these powers include repealing or revoking such instruments. The repeal of AD/A320/193 Amdt 2 is justified because its requirements have been superseded by a more recent European Aviation Safety Agency AD 2016-0159, which became effective on 19 August 2016.
The obligations and requirements imposed by this legislation on the parties governed by it are primarily concerned with compliance with the newer airworthiness directive. As per the repealed AD/A320/193 Amdt 2, entities such as aircraft operators, maintenance providers, and others must now adhere to the requirements set out in EASA AD 2016-0159. This includes conducting inspections and performing any necessary rectifications or maintenance on the specified aircraft or aeronautical products to ensure their continuing airworthiness. CASA may also grant exclusions from the AD or approve alternative means of compliance if deemed acceptable.
The consequences for non-compliance with the repealed airworthiness directive or failure to comply with the new directive are significant. While the specific penalties are not detailed in the text, non-compliance with airworthiness directives generally can lead to severe civil and criminal penalties under the Civil Aviation Act 1988. Civil penalties may include substantial fines and potential grounding of aircraft, while criminal penalties can result in imprisonment. The severity of these penalties underscores the critical importance of adhering to airworthiness directives to ensure the safety of air travel.
The legislation also highlights that no consultation was deemed necessary because the superseded AD's requirements were replaced by a more comprehensive directive. Furthermore, a Regulation Impact Statement was not required as per a standing agreement between CASA and the Office of Best Practice Regulation. Additionally, a Statement of Compatibility with Human Rights was provided, confirming that the repeal of the AD does not engage any of the applicable rights or freedoms, thereby affirming its compatibility with human rights.