Overview

The Civil Aviation Safety Regulations 1998, enacted by the Governor-General under section 98 of the Civil Aviation Act 1988, aim to ensure the safety of civil aviation within Australia. These regulations, including the ability to issue airworthiness directives, are designed to uphold the safety standards required by Annex 8 to the Convention on International Civil Aviation. This specific piece of legislation, F2017L01440, seeks to repeal an airworthiness directive (AD) that has become redundant due to the finite service life of the affected aircraft parts, which have now expired. The Civil Aviation Safety Authority (CASA) made this legislative instrument under a delegation of authority and it commenced on 17 November 2017. This repeal addresses a gap where the continued enforcement of an obsolete AD would be unnecessary and potentially misleading, as the affected parts should no longer be in use.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998), amended by CASA ADCX 017/17, primarily applies to entities and individuals involved in civil aviation in Australia, including aircraft operators, manufacturers, and maintenance providers. The regulation pertains to the airworthiness of aircraft and aeronautical products, ensuring they meet safety standards. Geographically, its application extends to all aircraft and aeronautical products registered in Australia, aligning with the responsibilities outlined in the Convention on International Civil Aviation's Annex 8. The repeal of AD/FPE/12 under this instrument specifically targets obsolete airworthiness directives that are no longer necessary due to the expiry of service life of affected parts. This regulation does not require consultation or a Regulation Impact Statement as it addresses redundant requirements. The instrument is compatible with human rights as it does not engage any applicable rights or freedoms, ensuring no adverse human rights implications arise from its application.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) outline the requirements and obligations for ensuring the continuing airworthiness of aircraft and aeronautical products in Australia. Under section 39.001 of the CASR 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (AD) for kinds of aircraft or aeronautical products. These ADs are legislative instruments unless they are specifically directed at a particular person, aircraft, or aeronautical product (sections 98(5B) and (5BA) of the Civil Aviation Act 1988). The regulations also allow for the repeal, amendment, or variation of these ADs (subsection 33(3) of the Acts Interpretation Act 1901). The obligations imposed by the CASR 1998 and the ADs include the responsibility of the State of Design to provide information necessary for the continuing airworthiness of an aircraft type, as well as the duty of the State of Registry to develop or adopt requirements ensuring the airworthiness of individual aircraft. CASA, as the regulator, has the authority to issue ADs, grant exclusions, or approve alternative means of compliance (regulation 39.001A of the CASR 1998). These obligations are in line with Annex 8 to the Convention on International Civil Aviation, which delineates the roles and responsibilities of the States of Design and Registry. The legislative instrument in question specifically repeals AD/FPE/12 due to the finite service life of all affected parts, which has now expired, rendering the AD redundant. Consequently, there are no longer any requirements for inspection, rectification, or maintenance as previously mandated by AD/FPE/12. The repeal does not involve any public consultation or require a Regulation Impact Statement, as the AD's requirements are no longer necessary and a standing agreement between CASA and the Office of Best Practice Regulation exempts ADs from requiring a RIS. The instrument is also deemed compatible with human rights as it does not engage any of the applicable rights or freedoms, as detailed in the Statement of Compatibility with Human Rights. In terms of penalties and consequences, any breach of the CASR 1998 or non-compliance with an AD could lead to enforcement actions by CASA, including fines or other administrative penalties. While the repealed AD/FPE/12 no longer applies, adherence to other relevant ADs and regulations remains mandatory to ensure continued compliance with airworthiness standards. The maximum penalties for breaches of the CASR 1998 can vary depending on the nature and severity of the offence, with potential fines reaching up to $222,200 for corporations and $44,440 for individuals, as stipulated in the relevant sections of the Civil Aviation Act 1988.