Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 016/17 — Repeal of Airworthiness Directives
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, 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 two ADs for the following reason.
The requirements of AD/GBK 117/9 have been superseded by European Aviation Safety Agency (EASA) AD 2017-0193 issued on 29 September 2017 with an effective date of 13 October 2017.
The requirements of AD/G1159/51 have been superseded by United States of America Federal Aviation Administration (FAA) AD 2017-20-08 issued on 18 September 2017 with an effective date of 6 November 2017.
Consultation
No public or other consultation has taken place on the repeal of AD/GBK 117/9 and AD/G1159/51 because the requirements of AD/GBK 117/9 and AD/G1159/51 have been superseded by EASA AD 2017-0193 and FAA AD 2017-20-08, which must now be complied with because they are Foreign State of Design ADs. 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 13 October 2017.
[Instrument number CASA ADCX 016/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 016/17 — 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 airworthiness directives (ADs) that have been superseded by foreign State of Design ADs 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 (CASR 1998) were enacted to provide a comprehensive framework for ensuring the safety of civil aviation in Australia. This legislation was introduced to address the need for a robust regulatory system that could oversee the airworthiness of aircraft and aeronautical products, ensuring that they meet safety standards both domestically and in line with international obligations. The regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under section 39.001, which serve as critical tools for maintaining and improving aircraft safety. The authority to make such regulations is derived from the Civil Aviation Act 1988, where section 98 allows the Governor-General to establish these rules. The policy objective of these regulations is to harmonise Australia's aviation safety practices with international standards, thereby enhancing the overall safety of air travel within and beyond Australian borders.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 016/17, pertains to the regulation of civil aviation safety within Australia, specifically concerning the airworthiness directives for aircraft and aeronautical products. These regulations apply to all aircraft registered in Australia, as well as to entities involved in the manufacture, maintenance, and operation of these aircraft. The geographic scope of this legislation is national, as it applies to all aviation activities within Australian territory. The repealed airworthiness directives, AD/GBK 117/9 and AD/G1159/51, were superseded by new directives issued by the European Aviation Safety Agency (EASA) and the United States Federal Aviation Administration (FAA), respectively, thereby rendering the former directives obsolete. This repeal ensures that all stakeholders comply with the most current and relevant safety standards. There are no specific exclusions or exemptions mentioned in this repeal, and it is effective from the dates when the new EASA and FAA directives took effect, namely 13 October 2017 and 6 November 2017, respectively. The instrument is made under the authority conferred by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it came into effect on 13 October 2017. The repeal was not subject to public consultation as the superseded directives were replaced by new ones that already mandated compliance.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended to repeal two airworthiness directives (ADs) that have been superseded by newer directives from foreign States of Design (sections referenced in parentheses). Specifically, AD/GBK 117/9 has been repealed because it has been superseded by the European Aviation Safety Agency (EASA) AD 2017-0193, which was issued on 29 September 2017 and became effective on 13 October 2017. Similarly, AD/G1159/51 has been repealed because it has been superseded by the United States Federal Aviation Administration (FAA) AD 2017-20-08, which was issued on 18 September 2017 and became effective on 6 November 2017. These ADs pertain to the inspection and rectification or maintenance of specified aircraft or aeronautical products.
The repeal of these ADs imposes an obligation on the relevant parties to comply with the newer foreign ADs instead. This means that for any aircraft or aeronautical products covered by these repealed ADs, the requirements set out in the EASA and FAA directives must now be adhered to. The Civil Aviation Safety Authority (CASA) has determined that no consultation is necessary because the new directives are already in force and must be complied with. The repealing instrument does not require a Regulation Impact Statement as ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation. Furthermore, a Statement of Compatibility with Human Rights has been prepared, confirming that the repeal does not engage any of the applicable rights or freedoms.
Any breach of the provisions within the CASR 1998, including the compliance with the repealed ADs and the adherence to the new directives, may result in various civil and criminal consequences. Under the Civil Aviation Act 1988, offences related to non-compliance with airworthiness directives can lead to penalties. For example, contravening a regulation can result in fines of up to $22,200 for individuals and $111,000 for corporations, with additional penalties possible in more serious cases. In the context of safety-critical operations, the severity of penalties can escalate significantly, reflecting the high stakes involved in civil aviation safety.
The repeal of AD/GBK 117/9 and AD/G1159/51 is effective from 13 October 2017, the same date as the effective date of the EASA AD 2017-0193. This timeline ensures that there is a seamless transition to the new regulatory requirements, thereby maintaining high standards of airworthiness and safety in the Australian civil aviation sector. The legal framework thus mandates strict adherence to the latest directives, underscoring the importance of continuous compliance with evolving safety standards.