Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 019/17 — 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This instrument repeals AD/DHC-8/146 because the requirements of AD/DHC-8/146 have been superseded by Transport Canada AD CF-2009-11R1 issued on 21 November 2017 with an effective date of 5 December 2017.
Consultation
No public or other consultation has taken place on the repeal of AD/DHC-8/146 because the requirements of AD/DHC-8/146 have been superseded by Transport Canada AD CF-2009-11R1, which must now be complied with because it is a Foreign State of Design AD. 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 5 December 2017.
[Instrument number CASA ADCX 019/17]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 019/17 — 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 is no longer required as all affected parts have exceeded their service life and should no longer be in use.
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 provide a framework for ensuring the safety of civil aviation in Australia. These regulations, established under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are crucial for maintaining the airworthiness of aircraft and aeronautical products. The policy objective behind these regulations is to ensure that civil aviation activities are conducted in a manner that protects the public and maintains a high standard of safety. In the context of the repealed Airworthiness Directive (AD) AD/DHC-8/146, the Civil Aviation Safety Regulations 1998 facilitated the necessary oversight and compliance requirements that ensure aircraft safety standards are met. This was achieved through CASA's authority to issue, amend, or repeal such directives, ensuring that Australian aviation remains compliant with both domestic and international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) applies to a broad range of persons, entities, and industries involved in civil aviation within Australia, including aircraft manufacturers, operators, maintenance organisations, and air traffic services providers. The geographic reach of the CASR 1998 extends to the Commonwealth, encompassing all of Australia and its external territories. The regulations are designed to ensure the safety of civil aviation operations, including air navigation, aircraft operations, and the maintenance of aircraft. Specific exclusions or exemptions within the CASR 1998 are detailed in the regulations themselves and often relate to particular aircraft types or operations. The application of the CASR 1998 may also be extended or restricted through subordinate instruments, such as airworthiness directives (ADs), which are issued by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the CASR 1998. These ADs can apply to particular persons, aircraft, or aeronautical products and are legislative instruments unless explicitly stated otherwise. The instrument in question specifically repeals Airworthiness Directive AD/DHC-8/146, as its requirements have been superseded by a Transport Canada AD, and this repeal takes effect from 5 December 2017.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended to repeal Airworthiness Directive (AD) AD/DHC-8/146 (section 39.001A). This AD related to the inspection and rectification or maintenance of specified aircraft or aeronautical products. The repeal of AD/DHC-8/146 is because its requirements have been superseded by Transport Canada AD CF-2009-11R1, which became effective on 5 December 2017. This repeal ensures that the latest safety requirements are followed, maintaining the high safety standards expected in civil aviation.
Entities governed by the CASR 1998, such as aircraft operators and maintenance providers, must now comply with the requirements of Transport Canada AD CF-2009-11R1. This includes adhering to the new inspection and maintenance protocols specified in the updated directive. The State of Registry, in this case, the Civil Aviation Safety Authority (CASA), is responsible for ensuring that these new requirements are met by all relevant parties. This includes ensuring that aircraft and aeronautical products within its jurisdiction are maintained in accordance with the updated AD.
Failure to comply with the ADs, including the superseded AD/DHC-8/146 and the new AD CF-2009-11R1, can lead to significant consequences. The Civil Aviation Act 1988 provides for both civil and criminal penalties for non-compliance. Civil penalties may include fines, while criminal penalties could result in imprisonment for serious breaches. The exact penalties depend on the severity of the breach and are determined by the relevant courts. Additionally, non-compliance can lead to the grounding of aircraft, which can have severe operational and financial implications for operators.
The Civil Aviation Safety Regulations 1998 also include provisions for the compatibility of legislative instruments with human rights. The Statement of Compatibility with Human Rights included in Attachment 1 confirms that the repeal of AD/DHC-8/146 does not engage any of the applicable rights or freedoms. This ensures that the legislative change is in line with human rights standards, maintaining the integrity and safety of civil aviation operations while respecting human rights.