Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 018/13 — Revocation 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 airworthiness directives (ADs) for kinds of aircraft or aeronautical products. 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. State of Design ADs issued on or after 1 October 2009 are defined as ADs under regulation 39.001A of CASR 1998. 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 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.
Revocation
This instrument revokes 4 ADs for the following reasons.
The requirements of AD/BAe 146/115 have been superseded by European Aviation Safety Agency (EASA) AD 2013-0200 issued on 30 August 2013.
The requirements of AD/ECUREUIL/120 Amdt 1 have been superseded by EASA AD 2012-0252 issued on 28 November 2012.
The requirements of AD/B747/41 Amdt 1 will be superseded by United States Federal Aviation Administration AD 2013-16-24 issued on 2 August 2013.
The requirements of CASA AD/A320/5 will be superseded by AD/A320/9 Amdt 1.
Consultation
No consultation with the Australian public has taken place on the revocations of these ADs.
AD/BAe 146/115, AD/ECUREUIL/120 Amdt 1 and AD/B747/41 Amdt 1 applied foreign State of Design ADs that were no longer, or will no longer be, in force in the State of Design and their retention would have been purposeless.
The requirements of CASA AD/A320/5 will be incorporated into AD/A320/9 Amdt 1. Consequently AD/A320/5 will be revoked to remove the duplicate requirements.
The revocations result in a reduction of the regulatory burden. For these reasons, CASA’s view is that no consultation is appropriate or necessary.
The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
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 17 September 2013.
[Instrument number CASA ADCX 018/13]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 018/13 — Revocation 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 revoke airworthiness directives (ADs) that have been or will be superseded.
The requirements of AD/BAe 146/115 and AD/ECUREUIL/120 Amdt 1 have been superseded by ADs issued by the European Aviation Safety Agency. The requirements of AD/B747/41 Amdt 1 will be superseded by an AD issued by the Federal Aviation Administration of the United States of America.
The requirements of CASA AD/A320/5 will be superseded by AD/A320/9 Amdt 1.
These ADs relate to inspection and rectification or maintenance of specified 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