Explanatory Statement
Civil Aviation Regulations 1988
CASA ADCX 023/12 - 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/B747/74
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 The requirements of this airworthiness directive have been superseded by FAA AD 2012-20-03 Amendment 39-17209 issued on 26 September 2012.
AD/JETSTREAM/100 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 The requirements of this airworthiness directive have been superseded by EASA AD 2012-0212 issued on
17 October 2012.
AD/A320/196
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 The requirements of this airworthiness directive have been superseded by EASA AD 2012-0214 issued on
18 October 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 023/12]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation in Australia, empower the Governor-General to create regulations under section 98 of the Civil Aviation Act 1988. These regulations, including those pertaining to airworthiness directives (ADs), are issued by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft. This legislative framework is designed to align with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation, which places responsibility for aircraft type airworthiness on the State of Design and mandates that States of Registry ensure the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must accept ADs issued by States of Design for aircraft registered in Australia. The revocation of certain ADs, as detailed in CASA ADCX 023/12, aims to reduce regulatory burden and is made in accordance with the Civil Aviation Act 1988, with no consultation with the Australian public deemed necessary. This revocation aligns with international airworthiness standards and does not infringe on human rights and freedoms as recognised by relevant international instruments.
Scope and Application
The Civil Aviation Regulations 1988, as amended through the instrument CASA ADCX 023/12, apply to the revocation of certain airworthiness directives (ADs) issued by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988. The regulations and revocations concern aircraft types registered in Australia and aim to ensure the continuing safety of air navigation within the Commonwealth. The scope of these regulations encompasses all entities and individuals involved in the operation of aircraft registered in Australia, including aircraft manufacturers, operators, and maintenance providers. The geographic reach of these regulations is national, extending throughout the entire Australian Commonwealth. Notably, the revocation of specific ADs under this instrument does not exempt any aircraft type or operational aspect from other regulatory requirements or safety standards. The application of these regulations can be extended or refined through subordinate instruments, allowing for detailed and targeted amendments to specific ADs.
Key Provisions
The Civil Aviation Regulations 1988, as amended by CASA ADCX 023/12, address the revocation of certain airworthiness directives (ADs) concerning specific types of aircraft. The main operative sections of this legislation include section 39.001A, which defines what constitutes an AD as per the Civil Aviation Safety Regulations 1998 (CASR). These ADs are legislative instruments issued by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988. The revoked ADs include those for the Boeing 747, Jetstream 100, and Airbus A320 aircraft types, which have been superseded by more recent directives from the Federal Aviation Administration (FAA) and the European Union Aviation Safety Agency (EASA).
The Act imposes several obligations and requirements on the parties it governs. Primarily, it mandates that CASA, as Australia's national airworthiness authority, must accept and enforce ADs issued by the State of Design when these ADs pertain to aircraft registered in Australia. Additionally, the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft, requiring compliance with the ADs applicable to those aircraft. This includes adhering to the directives issued by the States of Design, which are obligated to provide necessary information to ensure the airworthiness of aircraft types. Furthermore, the Act stipulates that CASA must ensure that any ADs issued by the States of Design are accepted and enforced within Australia.
Breach of the obligations and requirements set forth by the Civil Aviation Regulations 1988 can lead to various civil and criminal consequences. The specific offences and penalties are detailed in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Non-compliance with ADs can result in significant penalties, including fines and imprisonment, depending on the severity of the breach. For example, under the Civil Aviation Act 1988, failure to comply with an AD can be subject to penalties of up to $16,500 for individuals and $82,500 for corporations. In more severe cases, breaches that result in significant harm or endanger safety can lead to higher penalties, including imprisonment for up to five years. These stringent penalties underscore the importance of adhering to the ADs and maintaining the airworthiness of aircraft.