Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 017/14 — Repeal of Airworthiness Directives
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. 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. Foreign State of Design ADs issued on or after 1 October 2009 are defined as ADs under regulation 39.001A of CASR 1998. When a foreign State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, 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 3 ADs for the following reasons.
This instrument repeals AD/ENG/6 Amdt 1 because existing legislation addresses the unsafe condition identified by AD/ENG/6 Amdt 1. CASA Airworthiness Bulletin (AWB) 61-011 has been issued concurrently with this cancellation to provide guidance and recommendations on what actions are required in the event of a propeller strike event.
This instrument repeals AD/LEARJET 35/12 because the unsafe condition which this AD was issued to correct has now been addressed by updates to the aircraft manufacturer’s instructions for continuing airworthiness.
This instrument also repeals AD/RAD/93 because the requirements of AD/RAD/93 will be superseded by European Aviation Safety Agency (EASA) AD 2010-0003R2 issued on 17 September 2014 with an effective date of 14 October 2014.
Consultation
No consultation with the Australian public has taken place on the repeal of AD/ENG/6 Amdt 1, AD/RAD/93 and AD/LEARJET 35/12. AD/RAD/93 applied a foreign State of Design AD that will no longer be in force in the State of Design. AD/ENG/6 Amdt 1 duplicated existing legislation which addresses the unsafe condition identified by AD/ENG/6 Amdt 1. AD/LEARJET 35/12 contained corrective actions which are now contained in the aircraft manufacturer’s instructions for continuing airworthiness. The retention of these ADs would have been purposeless. The repeals result in a reduction of the regulatory burden. For this reason, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments 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 24 September 2014.
[Instrument number CASA ADCX 017/14]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 017/14 — 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 AD/RAD/93 which applied a foreign State of Design AD that will no longer be in force in the State of Design, AD/ENG/6 Amdt 1 which duplicated existing legislation which addresses the unsafe condition identified by AD/ENG/6 Amdt 1 and AD/LEARJET 35/12 which contained corrective actions which are now contained in the aircraft manufacturer’s instructions for continuing airworthiness.
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