Overview

The Civil Aviation Safety Regulations 1998, enacted by the Governor-General under section 98 of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for types of aircraft or aeronautical products. This legislative framework ensures that Australian civil aviation maintains high safety standards consistent with international obligations under the Convention on International Civil Aviation. The authority to repeal such directives, as seen in the repeal of AD/A320/114 by CASA ADCX 020/16, is supported by provisions within the Civil Aviation Safety Regulations 1998 and the Acts Interpretation Act 1901, allowing for the modification or cessation of directives when superseded by updated regulatory requirements from the State of Design or other contracting states. The policy objective is to ensure that the continuing airworthiness of aircraft registered in Australia is maintained through the application of the most current and effective safety directives, thereby safeguarding public safety and international standards.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by F2016L01631, govern the civil aviation safety standards in Australia, applying to aircraft, aeronautical products, and related operations within the Commonwealth. This particular amendment concerns the repeal of a specific airworthiness directive (AD) for a certain type of aircraft or aeronautical product. The repealed AD, AD/A320/114, was superseded by a more recent European Aviation Safety Agency (EASA) AD 2016-0206 (Correction). The repealed AD applied to all aircraft registered in Australia that fell under its scope, but the new directive from EASA now governs the continuing airworthiness of such aircraft. The Civil Aviation Safety Authority (CASA) retains the power to grant exclusions from or approve alternative means of compliance with the new directive. The repeal was executed under the authority provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensuring alignment with international standards as mandated by Annex 8 to the Convention on International Civil Aviation. The repeal took effect on the same date as the new directive, 27 October 2016, and no consultation was deemed necessary due to the superseding nature of the EASA directive.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) in this legislative instrument pertain to the repeal of a specific airworthiness directive (AD) (sections referenced in parentheses). Specifically, section 39.001A defines "airworthiness directive" to include Foreign State of Design ADs issued on or after 1 October 2009. The instrument repeals AD/A320/114 because the requirements of this AD have been superseded by European Aviation Safety Agency (EASA) AD 2016-0206 (Correction) issued on 14 October 2016 with an effective date of 27 October 2016. This repeal ensures that the requirements set out in the EASA AD must now be complied with because it is a Foreign State of Design AD. The obligations and requirements imposed by this Act primarily concern the continuing airworthiness of aircraft and aeronautical products. The State of Design has overall responsibility for ensuring the continuing airworthiness of an aircraft type and must provide any necessary information to the appropriate States of Registry. Under Annex 8 to the Convention on International Civil Aviation, the State of Registry of an individual aircraft is responsible for its continuing airworthiness and must develop or adopt requirements to ensure this. The Civil Aviation Safety Authority (CASA) has the power to issue an AD for a kind of aircraft or aeronautical product under regulation 39.001 of the CASR 1998. CASA can also grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD. There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breach of this legislative instrument. However, non-compliance with airworthiness directives, in general, can lead to severe penalties. Under the Civil Aviation Act 1988, non-compliance can result in both civil and criminal penalties, including fines and imprisonment, depending on the severity of the breach. The maximum penalties for such offences can vary widely, but they are intended to ensure that all parties adhere strictly to airworthiness requirements to maintain the highest safety standards in civil aviation.