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/A330/76 Amdt 4
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 The requirements of this airworthiness directive have been superseded by EASA 2008-0173R1 issued on
22 October 2010.
AD/CRESCO/5 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 The requirements of this airworthiness directive have been superseded by NZCAA DCA/CRESCO/15A issued on 28 October 2010 and DCA/CRESCO/6B was cancelled on 28 October 2010.
AD/EC 135/19
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 2010-0227 issued on
3 November 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 AD 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 028/10]
Overview
The Civil Aviation Regulations 1988 were enacted to establish comprehensive regulations governing civil aviation in Australia. The 1988 Act was introduced to address the need for a cohesive and effective regulatory framework to ensure the safety and efficiency of civil aviation in Australia. The Civil Aviation (Airworthiness of Aircraft) Amendment Regulations 2010 (F2010L02939) was enacted by the Civil Aviation Safety Authority (CASA), acting on behalf of the Australian Government. The authority to create these regulations is derived from the Civil Aviation Act 1988. The policy objective behind these regulations is to ensure the continuing airworthiness of aircraft through the revocation of outdated or superseded airworthiness directives (ADs) to streamline regulatory compliance and enhance safety standards.
Scope and Application
The Civil Aviation Regulations 1988, specifically concerning the revocation of Airworthiness Directives (ADs), apply to aircraft and aeronautical products registered in Australia, and are concerned with ensuring their continuing airworthiness. This Act is relevant to entities such as aircraft operators, manufacturers, and maintenance organisations that fall under the regulatory oversight of the Civil Aviation Safety Authority (CASA). These directives, which are legislative instruments, are issued under the Civil Aviation Safety Regulations 1998 and are subject to the provisions of the Legislative Instruments Act 2003. The application of these regulations extends to the entire Commonwealth of Australia, reflecting the national scope of air safety regulation. It is noteworthy that ADs issued on or after 1 October 2009 are specifically defined in CASR Part 39.001A, and their revocation is based on the supersedence by newer directives issued by other civil aviation authorities, such as EASA or NZCAA, as detailed in the explanatory statement. The revocation process itself does not involve public consultation, as determined by the Office of Best Practice Regulation, and does not require a Regulatory Impact Statement. The enactment of these revocations is authorised under subsection 94(1) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Regulations 1988, specifically in relation to the revocation of airworthiness directives (ADs), provide a framework for managing the continuing airworthiness of aircraft in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations that serve the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901, subject to disallowance, as stipulated in subregulation 39.001(5). The ADs serve as the primary means by which States of Design communicate continuing airworthiness information, which is crucial for ensuring the safe operation of aircraft.
The obligations imposed by the Act on parties and entities it governs include the responsibility of the State of Design to provide information necessary for the continuing airworthiness of aircraft types. The State of Registry, in this case, CASA, must assess the information provided by the State of Design and, if necessary, issue corresponding Australian ADs. This ensures that all aircraft registered in Australia comply with the necessary safety standards. The State of Registry is also responsible for implementing and enforcing the requirements set out in any ADs issued. Compliance with ADs is crucial for maintaining the safety and airworthiness of aircraft operating in Australia.
Failure to comply with the requirements outlined in airworthiness directives can lead to significant consequences. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, non-compliance with ADs can result in civil penalties, including fines. The maximum penalty for contravening an AD can be substantial, reflecting the serious nature of non-compliance with air safety regulations. In addition to civil penalties, there can be criminal consequences for more severe breaches, including imprisonment. These provisions underscore the importance of adhering to ADs to ensure the highest standards of aviation safety are maintained.