CASA ADCX 023/13 - Revocation of Airworthiness Directives

Overview

The Civil Aviation Safety Regulations 1998, amended by F2013L01944, address the issue of outdated airworthiness directives that have been superseded by more recent directives from the aircraft's State of Design. Enacted under the authority of the Civil Aviation Act 1988, these regulations empower the Civil Aviation Safety Authority (CASA) to ensure that airworthiness directives are both current and effective in maintaining the safety of air navigation. The policy objective is to streamline and modernise aviation safety regulations, ensuring that only the most current and relevant directives are in force, thereby reducing unnecessary regulatory burden and maintaining high safety standards. This legislative instrument was made by a delegate of CASA, in accordance with the powers conferred by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it commenced on 21 November 2013.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by the instrument CASA ADCX 023/13, apply to aviation authorities, aircraft operators, and all aircraft and aeronautical products registered in Australia. This legislative instrument specifically targets the revocation of certain airworthiness directives (ADs) that have been rendered obsolete by updated directives from the national airworthiness authorities of the aircraft's State of Design. The revocations serve to streamline regulations and reduce unnecessary administrative burdens, ensuring that the ADs in force within Australia remain relevant and up-to-date. The instrument applies nationally across Australia, aligning with the broader framework established under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it extends to all aircraft and aeronautical products registered within the Australian jurisdiction. The instrument does not specify any exclusions or exemptions, and its regulatory impact has been assessed as minimal, hence no further consultation or Regulation Impact Statement was deemed necessary.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Specifically, section 39.001 of CASR 1998 provides the authority to issue these directives, which are intended to ensure the safety of air navigation. The authority to issue ADs is derived from section 98 of the Civil Aviation Act 1988, enabling CASA to make regulations for the Act's purposes, particularly concerning air navigation safety. Furthermore, the Acts Interpretation Act 1901 permits CASA to repeal, rescind, revoke, amend, or vary these directives as necessary, reflecting changes in international standards or specific circumstances. The obligations under this legislation include CASA's responsibility to monitor and accept foreign State of Design ADs that apply to aircraft on the Australian Register, as stipulated under regulation 39.001A of CASR 1998. CASA must ensure that these ADs are adhered to unless an exclusion is granted or an alternative means of compliance is approved. The State of Registry of an aircraft is also mandated to develop or adopt requirements to ensure the continuing airworthiness of aircraft, in line with Annex 8 of the Convention on International Civil Aviation. This includes keeping abreast of any ADs issued by the State of Design and ensuring their applicability within the Australian context. The revocation of specific ADs, as detailed in the instrument CASA ADCX 023/13, entails certain consequences for non-compliance. Although the text does not explicitly state penalties, non-compliance with airworthiness directives generally can lead to severe consequences. These may include fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court. The revocation of these directives aims to reduce regulatory burden by ensuring that only current and relevant safety requirements are enforced. CASA's decision not to consult the public on these revocations is based on the understanding that the superseded ADs were no longer in force in their respective States of Design, rendering their retention unnecessary. The legislative instrument also addresses compatibility with human rights, as per the Human Rights (Parliamentary Scrutiny) Act 2011. According to the Statement of Compatibility with Human Rights, the revocation of these ADs does not engage any applicable rights or freedoms, and thus, the instrument is deemed compatible with human rights. This statement confirms that the revocation does not raise any human rights issues, ensuring that the legislative changes align with international human rights standards. The instrument was made by a delegate of CASA under the powers conferred by subregulation 11.260(1) of CASR 1998 and subsection 94(1) of the Civil Aviation Act 1988, and it commenced on 21 November 2013.