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/CFM56//30
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 The requirements of this Airworthiness Directive have been superseded by EASA AD 2009-0088R1 (Correction) issued on 17 August 2010.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 023/10]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation in Australia, providing a comprehensive framework under which the Civil Aviation Authority (CASA) can operate. The revocation of certain airworthiness directives (ADs) under this legislation is a response to the evolving international standards and practices in the aviation industry, particularly under Annex 8 to the Convention on International Civil Aviation. This revocation was introduced to address the need for streamlined and updated airworthiness directives that align with current technological and regulatory advancements. The Australian Government, through CASA, as the national airworthiness authority, has the responsibility to issue ADs that mandate the requirements necessary for the continuing airworthiness of aircraft registered in Australia. This revocation reflects the ongoing commitment to maintaining high safety standards in civil aviation while adapting to international best practices and ensuring efficient regulatory processes.
Scope and Application
The Civil Aviation Regulations 1988, specifically under section 98 of the Civil Aviation Act 1988, empower the Governor-General to enact regulations that serve the interests of air navigation safety. This legislative framework is operationalised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as defined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, are considered disallowable instruments under the Acts Interpretation Act 1901 and therefore constitute legislative instruments. The regulations apply to all entities involved in the aviation industry, including aircraft manufacturers, operators, and maintenance providers within Australia, ensuring compliance with national and international standards for airworthiness.
Geographically, the application of these regulations is national in scope, aligning with Australia's obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design retains responsibility for the continuing airworthiness of aircraft types, while the State of Registry is tasked with implementing the necessary requirements to maintain airworthiness. CASA, as Australia's national airworthiness authority, must evaluate and, if necessary, adopt State of Design ADs to ensure that Australian-registered aircraft meet safety standards. The revocation of specific ADs, such as the one for AD/CFM56//30, is based on the issuance of subsequent directives by other regulatory bodies, such as EASA AD 2009-0088R1 (Correction), which supersede the previous requirements. This process underscores the dynamic nature of airworthiness regulations and the need for continuous updating to reflect technological and safety advancements.
Key Provisions
The Civil Aviation Regulations 1988, as amended, contain provisions that allow the Governor-General to make regulations for the safety of air navigation under section 98 of the Civil Aviation Act 1988 (section 98). This regulation-making power is exercised through regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products (regulation 39.001). Notably, subregulation 39.001(5) designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are primarily on CASA, which must assess information from the State of Design regarding airworthiness directives and, if appropriate, issue corresponding Australian ADs to enforce the requirements outlined by the State of Design (Annex 8). This involves ensuring that all aircraft registered in Australia meet the continuing airworthiness standards set forth in these directives. The State of Registry is also responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to enforce these standards (Annex 8).
Failure to comply with these airworthiness directives can result in significant civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties, including fines. The specific maximum penalties are detailed in the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, with potential fines varying based on the severity of the breach and the circumstances of the offence. Additionally, in more severe cases, non-compliance can result in criminal charges, leading to imprisonment. The exact penalties for each offence are stipulated within the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, and these penalties serve as a deterrent to ensure adherence to airworthiness standards.