Explanatory Statement
Civil Aviation Regulations 1988
CASA ADCX 024/12 - 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/B737/94
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 The requirements of this airworthiness directive have been superseded by FAA AD 2012-23-04 issued on
16 October 2012.
AD/B737/326
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 The requirements of this airworthiness directive have been superseded by FAA AD 2012-23-08 issued on
9 November 2012.
AD/ARRIUS/2 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 The requirements of this airworthiness directive have been superseded by EASA AD 2012-0249 issued on
21 November 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 024/12]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation and in accordance with the Civil Aviation Act 1988, introduced the need for streamlined and effective management of airworthiness directives (ADs) in Australia. The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue ADs, which are pivotal in maintaining the continuing airworthiness of aircraft. This piece of legislation specifically targets the revocation of certain ADs to reflect the most current and relevant safety directives, ensuring that the regulatory framework remains efficient and aligned with international standards as per Annex 8 to the Convention on International Civil Aviation. The policy objective is to reduce the regulatory burden while maintaining the highest safety standards in the aviation sector, as CASA, the national airworthiness authority, must accept and implement ADs issued by the State of Design. The revocation of specific ADs reflects the adoption of more recent and comprehensive directives from other national aviation authorities, thereby harmonising the safety regulations across different jurisdictions.
Scope and Application
The Civil Aviation Regulations 1988 apply to the continuing airworthiness of aircraft and aeronautical products, particularly those registered in Australia. The scope of the regulation encompasses the responsibilities of both the State of Design and the State of Registry for ensuring the safety of aircraft through airworthiness directives (ADs). The State of Design is responsible for providing information necessary for the continuing airworthiness of aircraft types, while the State of Registry must implement or adopt requirements to maintain this airworthiness. The regulation mandates that the Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, must accept ADs issued by the State of Design for aircraft registered in Australia. ADs issued on or after 1 October 2009 are defined under CASR Part 39.001A and serve as the primary form of continuing airworthiness information. The revocation of certain ADs as detailed in CASA ADCX 024/12 results from the superseding of these directives by more recent ones issued by foreign aviation authorities such as the FAA and EASA. This revocation reduces regulatory burden without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. Furthermore, the instrument is deemed compatible with human rights and freedoms as it pertains solely to technical safety requirements without infringing on any recognised rights or freedoms.
Key Provisions
The key provisions of this legislation pertain to the revocation of certain airworthiness directives (ADs) issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Regulations 1988. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for types of aircraft or aeronautical products. The revocation of specific ADs, as outlined in the legislation, is done in accordance with subsection 98(5B) of the Act, which recognises ADs as legislative instruments.
The obligations and requirements imposed by this Act are primarily centred around the acceptance and implementation of ADs by CASA and the State of Registry of individual aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design holds responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure its airworthiness. 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 and implement that AD. However, the revocation of specific ADs in this legislation means that CASA no longer requires compliance with those particular directives.
Failure to comply with the provisions of this Act or the revoked ADs could result in civil or criminal consequences. The maximum penalties for non-compliance are not explicitly stated in the text, but they may vary depending on the specific circumstances and the nature of the breach. It is essential for the parties and entities governed by this Act to adhere to the requirements and ensure the safety of air navigation in Australia.