Explanatory Statement
Civil Aviation Regulations 1988
CASA ADCX 020/12 - Revocation of Airworthiness Directives
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Under the previous subregulation 39.001(5) of CASR 1998, an AD was a legislative instrument. This is still the situation under subsection 98(5B) of the Act.
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 ICAO 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. 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. State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
AD/A109/8 Amdt 2
A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been superseded by EASA AD 2012-0171-CN issued on 31 August 2012.
AD/A109/24
A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been superseded by EASA AD 2012-0171-CN issued on 31 August 2012.
AD/A330/58
A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been superseded by EASA AD 2012-0168 issued on
31 August 2012.
AD/A330/63 Amdt 1
A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been superseded by EASA AD 2012-0168 issued on
31 August 2012.
AD/A330/69 Amdt 1
A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been superseded by EASA AD 2012-0168 issued on
31 August 2012.
AD/A330/107
A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been superseded by EASA AD 2012-0168 issued on
31 August 2012.
Consultation
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden.
The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This 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.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
This AD cancellation has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
[Instrument number CASA ADCX 020/12]
Overview
The Civil Aviation Regulations 1988 were enacted to provide comprehensive regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and aircraft operations. The 2012 amendments to these regulations, specifically CASA ADCX 020/12, address the need to streamline and update the regulatory framework by revoking certain airworthiness directives (ADs) that have been superseded by more recent European Union Aviation Safety Agency (EASA) directives. The Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary for the safety of air navigation, and the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft and aeronautical products. The policy objective behind these amendments is to ensure that Australian aviation regulations remain current and aligned with international standards, thereby enhancing the safety and continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Regulations 1988, as amended by F2012L01845, pertain to the regulatory framework governing civil aviation in Australia, with a specific focus on the revocation of certain airworthiness directives. This legislative instrument applies to all aircraft registered in Australia, their operators, and relevant aeronautical products, aiming to ensure safety in air navigation. The revocation of the specified airworthiness directives affects the entities and individuals involved in maintaining and operating these aircraft, including manufacturers, operators, and maintenance service providers. The geographic reach of this regulation is national, operating under the auspices of the Civil Aviation Act 1988, which authorises the Governor-General to enact regulations for air navigation safety. The revocation of these directives, issued on or after 1 October 2009, follows their supersession by newer European Aviation Safety Agency directives, thereby aligning Australian regulations with international standards. This revocation reduces regulatory burden and streamlines compliance for industry participants.
Key Provisions
The Civil Aviation Regulations 1988, as amended by CASA ADCX 020/12, pertain to the revocation of specific airworthiness directives (ADs) issued by the State of Design. These regulations operate under section 98 of the Civil Aviation Act 1988 (section 98), empowering the Governor-General to enact regulations for aviation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998) grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific aircraft types or aeronautical products. The text specifies that certain ADs, defined in CASR Part 39.001A, are considered legislative instruments under subsection 98(5B) of the Act.
The obligations imposed by these regulations are primarily on CASA and the States of Design and Registry. CASA, as Australia's national airworthiness authority, must accept any AD issued by a State of Design concerning an aircraft on the Australian Register, in line with Annex 8 of the Convention on International Civil Aviation (Annex 8). The State of Design is responsible for ensuring the continuing airworthiness of aircraft types, while the State of Registry is responsible for the individual aircraft's airworthiness. The regulations also require States of Design to provide necessary information to ensure the continuing airworthiness of aircraft types to the States of Registry.
The revocation of specific ADs under CASA ADCX 020/12 means that certain ADs have been superseded by newer European Aviation Safety Agency (EASA) ADs, effective from 31 August 2012. These include AD/A109/8, AD/A109/24, AD/A330/58, AD/A330/63, AD/A330/69, and AD/A330/107, which have been rendered obsolete by EASA AD 2012-0171-CN and EASA AD 2012-0168. There was no public consultation regarding this revocation because it resulted in a reduction of regulatory burden. Additionally, the Office of Best Practice Regulation has determined that these ADs do not require a Regulatory Impact Statement. The revocation does not infringe on any human rights or freedoms, as it sets out technical requirements without engaging any applicable rights or freedoms, as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.
Failure to comply with these regulations could result in civil or criminal consequences, although specific penalties are not detailed in the text. CASA has the authority to enforce these regulations, and non-compliance could potentially lead to actions such as fines, sanctions, or other legal measures under the Civil Aviation Act 1988. The revocation of ADs is intended to streamline and update aviation safety standards, ensuring that the most current and effective safety measures are applied to aircraft on the Australian Register.