Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 017/16 — 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, 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This instrument repeals AD/EC 120/18 because the requirements of AD/EC 120/18 have been superseded by European Aviation Safety Agency AD 2016-0180 issued on 15 September 2016 with an effective date of 27 September 2016.
Consultation
No public or other consultation has taken place on the repeal of AD/EC 120/18 because the requirements of AD/EC 120/18 have been superseded by European Aviation Safety Agency AD 2016-0180, which must now be complied with.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 27 September 2016.
[Instrument number CASA ADCX 017/16]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 017/16 — 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 were enacted to ensure the safety of civil aviation in Australia by setting forth comprehensive regulations governing various aspects of aviation operations. The regulations were introduced to address the need for a cohesive regulatory framework that aligns with national and international safety standards. Enacted by the Parliament of Australia under the authority conferred by the Civil Aviation Act 1988, these regulations are designed to protect the public by ensuring that all civil aviation activities are conducted in a safe and efficient manner. The primary policy objective of these regulations is to harmonise Australian civil aviation safety standards with international best practices, thereby enhancing the overall safety and reliability of the nation's aviation industry.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) govern various aspects of civil aviation safety in Australia, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft. Regulation 39.001 of the CASR 1998 empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products. The scope of these regulations extends to any person or entity involved in the operation, maintenance, or manufacture of aircraft registered in Australia, as well as to specific aircraft or aeronautical products identified in the ADs. The geographic reach of these regulations is national, applying to all aircraft within Australia's jurisdiction, irrespective of their State of Registry or foreign origin. ADs are legislative instruments unless they are explicitly limited to a particular person, aircraft, or aeronautical product. This repeal of AD/EC 120/18 is effective from 27 September 2016, as the requirements it sought to enforce have been superseded by a European Aviation Safety Agency AD 2016-0180, which must now be adhered to. There were no consultations conducted for this repeal, and a Regulation Impact Statement was not required as ADs fall under a standing agreement exempting them from such assessments. Furthermore, a Statement of Compatibility with Human Rights confirms that the repealed AD does not engage any applicable rights or freedoms.
Key Provisions
The main operative sections of this legislation pertain to the repeal of a specific Airworthiness Directive (AD) known as AD/EC 120/18, and they detail the circumstances under which such a repeal can be enacted (subsections 98(5B) and (5BA) of the Civil Aviation Act 1988). According to regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), an AD is a legislative instrument unless it applies to a particular person, aircraft, or aeronautical product. The repeal is justified as the requirements of AD/EC 120/18 have been superseded by European Aviation Safety Agency AD 2016-0180, which was issued on 15 September 2016 and became effective on 27 September 2016.
The obligations imposed by this Act on the parties or entities it governs include compliance with the new AD 2016-0180 issued by the European Aviation Safety Agency. This involves adhering to the updated inspection, rectification, or maintenance requirements for the specified aircraft or aeronautical products. The Civil Aviation Safety Authority (CASA) has the authority to issue ADs and may grant exclusions or approve alternative means of compliance under regulation 39.001A of the CASR 1998. Additionally, the State of Registry of an aircraft is responsible for ensuring its continuing airworthiness, aligning with Annex 8 to the Convention on International Civil Aviation.
Any breaches of the Civil Aviation Safety Regulations 1998 can lead to both civil and criminal consequences. For example, failure to comply with an AD could result in a fine of up to 5,000 penalty units (currently approximately AUD 930,000) for individuals or corporations, as stipulated by section 17 of the Act. In addition to fines, there could be implications for the airworthiness certificates of affected aircraft, potentially leading to grounding or other regulatory actions that could disrupt operations. The legislation does not specify the maximum penalty for every possible breach, but the severity of penalties reflects the importance of adhering to aviation safety regulations.
Given that ADs are critical to maintaining the continuing airworthiness of aircraft, the repeal of AD/EC 120/18 and the requirement to comply with AD 2016-0180 underscore the dynamic nature of aviation safety standards. The obligations placed on operators, maintenance providers, and other stakeholders are clear: they must ensure that all compliance actions are aligned with the most current directives. Failure to do so can result in significant legal and operational repercussions, reinforcing the importance of staying informed and compliant with CASA regulations.