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/A320/195 Amdt 1
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 The requirements of this airworthiness directive have been superseded by EASA AD 2011-0155 issued on
25 August 2011.
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 AD has 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 017/11]
Overview
The Civil Aviation Regulations 1988, enacted in 1988, establish the framework for ensuring the safety of air navigation within Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are critical for maintaining the safety and airworthiness of aircraft. The problem or gap addressed by this legislation is the need for a formal mechanism to ensure that aircraft and aeronautical products meet safety standards, particularly in response to emerging safety issues. The Civil Aviation Act 1988 provides the legislative basis for CASA to implement these measures, with a clear policy objective of enhancing aviation safety through effective regulation and oversight.
The revocation of specific airworthiness directives is a procedural measure taken by CASA, acting under the authority conferred by the Civil Aviation Act 1988. This action is taken by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, following the assessment that the requirements of certain ADs have been superseded by newer directives issued by other regulatory bodies, such as the European Union Aviation Safety Agency (EASA). This ensures that the Australian regulatory framework remains aligned with international standards and best practices.
Scope and Application
The Civil Aviation Regulations 1988, specifically under the revocation of Airworthiness Directives, apply to entities and individuals involved in the aviation industry, including aircraft manufacturers, operators, and regulatory bodies such as the Civil Aviation Safety Authority (CASA). These regulations are integral to ensuring the safety of air navigation in Australia, and they extend to all aircraft registered in Australia and aeronautical products used within the country. The geographic reach of these regulations is national, as they pertain to the continuing airworthiness of aircraft registered in Australia. The revocation of certain Airworthiness Directives is governed by the Civil Aviation Safety Regulations 1998, which empower CASA to issue directives concerning the airworthiness of specific types of aircraft or aeronautical products. Notably, these directives are considered legislative instruments and can be subject to disallowance under the Acts Interpretation Act 1901. While the revocation process does not involve public consultation and does not necessitate a Regulatory Impact Statement, it is conducted by CASA in accordance with the Civil Aviation Act 1988, ensuring adherence to both national and international standards as outlined in the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Regulations 1988, as amended by F2011L01809, pertain to the revocation of certain airworthiness directives (ADs) concerning aircraft types and aeronautical products. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The Act imposes obligations on CASA, which must assess information provided by the State of Design regarding airworthiness directives. If an AD is deemed necessary, CASA is required to issue a corresponding Australian AD to enforce the requirements of the State of Design. It is also stipulated that the State of Registry of an aircraft is responsible for the continuing airworthiness of the individual aircraft, and must develop or adopt appropriate requirements. This obligation extends to the assessment and implementation of ADs issued by the State of Design. The regulations also clarify that ADs issued on or after 1 October 2009 are defined under CASR Part 39.001A, with specific references to the A320/195 Amendment 1 directive and its supersession by EASA AD 2011-0155.
There are no specified offences, penalties, or consequences for non-compliance directly within the AD revocation itself. However, failure to adhere to the airworthiness directives that are issued and enforced by CASA could result in serious safety breaches, potentially leading to civil or criminal liability under other sections of the Civil Aviation Act 1988 or related aviation safety regulations. The maximum penalties for breaches of these regulations can include substantial fines and imprisonment, depending on the severity and impact of the non-compliance.