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/THIELERT/3
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 The requirements of this airworthiness directive have been superseded by EASA AD 2010-0137 issued on
30 June 2010.
AD/A330/3 Amdt 2
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 The requirements of this airworthiness directive have been superseded by EASA AD 2010-0135 issued on
5 July 2010.
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 ADs have been made by the 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 017/10]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation in Australia, were amended to revoke specific Airworthiness Directives (ADs) in 2010. This legislative instrument was introduced to address the need for aligning Australian airworthiness requirements with those of the European Union Aviation Safety Agency (EASA), particularly in cases where EASA ADs superseded earlier State of Design ADs issued on or after 1 October 2009. The revocation of certain ADs was authorised under section 98 of the Civil Aviation Act 1988, allowing the Governor-General to make regulations in the interests of safety. The Civil Aviation Safety Regulations 1998 provide the framework for issuing ADs, with these particular revocations being made by the Civil Aviation Safety Authority (CASA) on behalf of the Australian government, ensuring the continuing airworthiness of aircraft registered in Australia aligns with international standards.
Scope and Application
The Civil Aviation Regulations 1988 apply to the aviation industry within Australia, specifically targeting entities involved in the operation and maintenance of aircraft registered in the country. The regulations are designed to ensure the continuing airworthiness of aircraft and are applicable to the State of Registry of an individual aircraft, which is responsible for its continuing airworthiness. The scope of the legislation extends to any aircraft or aeronautical products that fall under the Civil Aviation Safety Regulations 1998, where airworthiness directives (ADs) may be issued by the Civil Aviation Safety Authority (CASA). ADs, being legislative instruments, are issued to mandate specific requirements for the safety of air navigation. The regulations also encompass ADs issued by the State of Design, particularly those issued on or after 1 October 2009, which CASA must assess and, if appropriate, adopt for Australian use. The geographic reach of these regulations is national, with CASA acting as Australia's national airworthiness authority. There are no stated exclusions or exemptions within the scope of this particular revocation of ADs, although the ADs themselves may include specific exclusions based on aircraft type or operational context. The application of the regulations can be extended or restricted through subordinate instruments, ensuring flexibility in addressing evolving safety concerns.
Key Provisions
The Civil Aviation Regulations 1988, specifically under section 98 of the Civil Aviation Act 1988, empower the Governor-General to create regulations that enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. It is important to note that these directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations require CASA, as Australia's national airworthiness authority, to assess the information provided by the State of Design, which has the primary responsibility for the continuing airworthiness of an aircraft type. This includes ensuring that necessary information is shared with the appropriate States of Registry, in this case, Australia. CASA must then, if deemed necessary, issue Australian ADs that enforce the requirements set by the State of Design. This ensures that Australian aircraft maintain their airworthiness standards in alignment with international conventions.
Any failure to comply with the ADs can result in significant consequences. While the Civil Aviation Regulations 1988 do not explicitly outline penalties for non-compliance, general civil and criminal penalties under the Civil Aviation Act 1988 may apply. Non-compliance with ADs can lead to enforcement actions by CASA, which may include fines, suspension, or revocation of certificates of airworthiness. Additionally, in severe cases, criminal charges may be brought against individuals or corporations responsible for non-compliance, with penalties that can include substantial fines and imprisonment.
The Civil Aviation Regulations 1988, through the issuance and revocation of airworthiness directives, aim to maintain the highest safety standards in air navigation. CASA’s role in issuing and enforcing these directives is critical in ensuring that both Australian and international aviation standards are upheld. The legislative framework supports this by providing clear guidelines and potential consequences for non-compliance, thereby fostering a safe and reliable aviation environment.