Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to ensure safety in civil aviation operations and to align with the provisions of the Convention on International Civil Aviation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure aircraft and aeronautical products meet safety standards. The enactment of this legislation was aimed at addressing the need for stringent safety measures and compliance with international aviation safety standards. CASA, as the relevant authority under the Civil Aviation Act 1988, has the responsibility of ensuring that all aircraft registered in Australia meet the required safety standards. The policy objective behind these regulations is to safeguard the public and maintain the integrity of civil aviation operations in Australia by enforcing compliance with safety directives. The repeal of AD/B767/73, which has been superseded by a new directive from the United States Federal Aviation Administration, reflects the ongoing commitment to updating and aligning with international safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 017/18, apply to any person or entity involved in the operation, maintenance, or management of aircraft registered in Australia, encompassing various industries such as commercial airlines, private aircraft owners, and maintenance service providers. This legislation ensures the safety standards for airworthiness directives are uniformly enforced across Australia, aligning with the provisions of the Civil Aviation Act 1988 and the Convention on International Civil Aviation. The repeal of Airworthiness Directive AD/B767/73 by CASA ADCX 017/18 reflects the ongoing commitment to updating safety regulations in response to new directives issued by foreign states, particularly the United States of America Federal Aviation Administration, while ensuring compatibility with international safety standards. The repeal instrument does not require consultation or a Regulation Impact Statement, as it follows a pre-existing agreement between CASA and the Office of Best Practice Regulation, and it is deemed compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The key provisions of this legislation (CASA ADCX 017/18) pertain to the repeal of Airworthiness Directive (AD) AD/B767/73 (section 2). This repeal is due to the fact that the requirements of AD/B767/73 have been superseded by a newer AD issued by the United States of America Federal Aviation Administration (FAA) on 8 November 2018, which has an effective date of 26 November 2018 (section 3). The repeal takes effect from 7 December 2018 (section 10). This repeal is conducted under the authority granted by section 98 of the Civil Aviation Act 1988 (the Act) and regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) (section 4). The Civil Aviation Safety Authority (CASA) has the power to issue an airworthiness directive for a kind of aircraft or aeronautical product under regulation 39.001 of CASR (section 4). Furthermore, an AD is considered a legislative instrument unless it applies to a particular person, aircraft, or aeronautical product (section 4). The obligations and requirements imposed by this Act include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of a type of aircraft and for the State of Registry to develop or adopt requirements to ensure the continuing airworthiness of aircraft (section 4). When a Foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft, but CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD (section 4). The Civil Aviation Safety Regulations 1998 also defines “airworthiness directive” to include Foreign State of Design ADs issued on or after 1 October 2009 (section 4). Any offences, penalties, or civil/criminal consequences for breach are not specified in this particular piece of legislation (CASA ADCX 017/18). However, it is important to note that failure to comply with airworthiness directives can result in significant civil and criminal penalties, including fines and imprisonment, under the Civil Aviation Act 1988 and other relevant legislation. The specific penalties for non-compliance with airworthiness directives may vary depending on the nature and severity of the breach, as well as the jurisdiction in which the breach occurs.