Explanatory Statement
Civil Aviation Regulations 1988
Revocation of Airworthiness Directives
Legislation
Under section 98 of the Civil Aviation Act 1988, 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. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative 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 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 assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
AD/DO 328/73
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 The requirements of this airworthiness directive have been superseded by EASA AD 2010-0169 issued on
13 August 2010.
AD/EC 135/22
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 The requirements of this airworthiness directive have been superseded by EASA AD 2010-0154 issued on
13 August 2010.
AD/GBK 117/24
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 2010-0154 issued on
13 August 2010.
AD/RB211/39
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 2009-0073 R1 issued on
8 April 2009 and corrected 16 August 2010.
Consultation
No consultation with the Australian public has taken place on these AD cancellations. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The ADs have 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 021/10]
Overview
The Civil Aviation Regulations 1988 were enacted to regulate air navigation safety in Australia and were amended to include provisions for the revocation of airworthiness directives (ADs) as stated in F2010L02329. This legislative instrument addresses the need to ensure that ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are kept current and aligned with international standards, particularly those set by the International Civil Aviation Organization (ICAO). The Australian Government, through the Civil Aviation Safety Authority (CASA), is responsible for enacting these regulations to maintain the safety and airworthiness of aircraft registered in Australia. The policy objective is to ensure that all airworthiness directives issued comply with international safety standards and that CASA can efficiently manage and update these directives to reflect the latest safety requirements.
Scope and Application
The Civil Aviation Regulations 1988, as amended, encompass the revocation of specific airworthiness directives, providing a legal framework for ensuring the safety of air navigation within Australia. This legislation applies to any person or entity involved in the operation, maintenance, or manufacture of aircraft and aeronautical products within Australia. This includes aircraft operators, maintenance organisations, and manufacturers that must comply with airworthiness directives issued by the Civil Aviation Safety Authority (CASA). The directives in question specifically pertain to certain aircraft types, and their revocation impacts the continuing airworthiness responsibilities of the State of Registry for those aircraft. The geographical jurisdiction of this Act extends to the entire Commonwealth of Australia, ensuring that all aircraft registered within Australia comply with the specified safety regulations. The Act does not provide explicit exclusions or exemptions; however, the application of these directives is contingent on the aircraft type and the specific safety requirements outlined in the Civil Aviation Safety Regulations 1998. This revocation of airworthiness directives may be further extended or clarified through subordinate instruments issued by CASA, ensuring that safety standards are consistently applied and updated as necessary.
Key Provisions
The Civil Aviation Regulations 1988, particularly as amended by F2010L02329, include provisions for the revocation of certain airworthiness directives (ADs) related to specific aircraft types or aeronautical products. These revocations are made under the authority granted by section 98 of the Civil Aviation Act 1988, which allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides that the Civil Aviation Safety Authority (CASA) can issue ADs. Subregulation 39.001(5) classifies ADs as disallowable instruments, and thus, as legislative instruments under section 6 of the Legislative Instruments Act 2003.
These provisions mandate that CASA must review and, if necessary, issue Australian ADs when a State of Design issues an AD for an aircraft type registered in Australia. This ensures that Australian aircraft meet international standards for continuing airworthiness. Specifically, the revocation of certain ADs, such as AD/DO 328/73, AD/EC 135/22, AD/GBK 117/24, and AD/RB211/39, indicates that these have been superseded by newer directives issued by the European Aviation Safety Agency (EASA) or other authoritative bodies. For instance, AD/DO 328/73 has been replaced by EASA AD 2010-0169, while AD/EC 135/22 and AD/GBK 117/24 have been replaced by EASA AD 2010-0154. AD/RB211/39 has been superseded by 2009-0073 R1.
Entities and parties governed by these regulations are required to comply with the ADs issued by CASA and ensure that their aircraft meet the continuing airworthiness standards as mandated. This includes adhering to the directives issued by the State of Design and any subsequent Australian ADs. Non-compliance with these directives can lead to significant safety risks and potential legal consequences.
In terms of penalties and consequences, while the explanatory statement does not specify particular offences or penalties for non-compliance with these ADs, the overarching Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide a framework for enforcement. Breaches of these regulations can lead to enforcement actions by CASA, including fines and potential prosecution. The severity of penalties can vary depending on the nature and extent of the breach, but they are intended to ensure that airworthiness standards are rigorously maintained to protect public safety.