CASA ADCX 001/20 - Repeal of Airworthiness Directives AD/PA-31/51 Amdt 1, AD/PA-31/101 Amdt 4, and AD/PA-31/102 Amdt 3

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Legislation au F2020L00048 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 001/20 — Repeal of Airworthiness Directives AD/PA-31/51 Amdt 1, AD/PA-31/101 Amdt 4, and AD/PA-31/102 Amdt 3

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), The Civil Aviation Safety Authority (CASA) may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product.

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such 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 International Civil Aviation Organization 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 foreign State of Design issued an AD before 1 October 2009 for 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 foreign State of Design.

Repeal

This instrument repeals AD/PA-31/51 Amdt 1, AD/PA-31/101 Amdt 4 and AD/PA‑31/102 Amdt 3 because the requirements of AD/PA-31/51 Amdt 1, AD/PA‑31/101 Amdt 4 and AD/PA-31/102 Amdt 3 have been superseded by CASA AD AD/PA-31/132 issued on 21 January 2020 with an effective date of 29 February 2020, which mandates the requirements of United States of America Federal Aviation Administration AD 82-27-13 R2.

 

 

Consultation

No public or other consultation has taken place on the repeal of AD/PA-31/51 Amdt 1, AD/PA-31/101 Amdt 4 and AD/PA-31/102 Amdt 3 as these ADs have been replaced by AD/PA-31/132 which must now be complied with because it is an Australian AD. For this reason, it is CASA’s view that it is not necessary or appropriate to undertake any consultation under section 17 of the Legislation Act 2003.

 

Regulation Impact Statement

A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs (OBPR id. 14507).

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR and subsection 94 (1) of the Act.

The instrument commences on 29 February 2020.

[Instrument number CASA ADCX 001/20]


 

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

CASA ADCX 001/20 — Repeal of Airworthiness Directives
AD/PA-31/51 Amdt 1, AD/PA-31/101 Amdt 4 and AD/PA-31/102 Amdt 3

This legislative 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.

Overview of the legislative instrument

The purpose of this legislative instrument is to repeal three Civil Aviation Safety Authority (CASA) airworthiness directives (ADs) that have been superseded by one CASA AD.

These ADs relate to inspection and rectification or maintenance of specified aircraft or aeronautical products.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

 

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of civil aviation operations in Australia, aligning with the Convention on International Civil Aviation. This legislation was introduced to address the need for a robust regulatory framework governing the airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, was granted the power to issue airworthiness directives (ADs) under the Civil Aviation Act 1988. The Civil Aviation Safety Regulations 1998 allow CASA to issue these directives to mandate compliance with safety standards for aircraft and aeronautical products, ensuring they remain airworthy. The policy objective of the Act is to harmonise Australia's civil aviation safety regulations with international standards, thereby protecting public safety and maintaining the integrity of the aviation industry. The repeal of certain ADs, as detailed in this legislative instrument, reflects CASA's ongoing commitment to updating and refining safety requirements to meet current standards and practices.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, govern the safety standards and requirements for civil aviation in Australia, operating under the authority conferred by the Civil Aviation Act 1988. These regulations apply to all civil aviation activities within Australia, including aircraft, aeronautical products, and related personnel, and are designed to ensure compliance with international safety standards, particularly those outlined in the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is the regulatory body responsible for the enforcement and administration of these regulations. CASA can issue airworthiness directives (ADs) to mandate specific safety requirements for particular aircraft or aeronautical products, or to establish general safety standards applicable to a class of aircraft. These directives are legislative instruments unless specified otherwise. The scope of the regulations extends to the entire Commonwealth of Australia, and they apply to all aircraft registered in Australia, as well as to any aircraft operated by Australian entities, regardless of location. However, specific ADs may target particular aircraft or aeronautical products. The Civil Aviation Safety Regulations 1998 also allow for the repeal or amendment of existing ADs when new or updated directives are issued, ensuring that safety standards remain current and effective.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR) include sections that enable CASA to issue airworthiness directives (ADs) for aircraft or aeronautical products (section 39.001). These ADs are legislative instruments unless they are expressly limited to a particular person, aircraft, or aeronautical product (section 98(5B) and (5BA) of the Civil Aviation Act 1988). Section 33(3) of the Acts Interpretation Act 1901 further allows for the repeal or amendment of such legislative instruments, including ADs. These provisions impose specific obligations on CASA and aircraft operators. CASA is responsible for assessing information from foreign States of Design and, if necessary, issuing corresponding ADs to ensure the continuing airworthiness of aircraft registered in Australia. Aircraft operators must comply with ADs issued by CASA, including the updated AD/PA-31/132, which replaces the previously repealed ADs. The repealed ADs (AD/PA-31/51 Amdt 1, AD/PA-31/101 Amdt 4, and AD/PA-31/102 Amdt 3) are no longer in effect, and operators must adhere to the requirements set out in AD/PA-31/132. Any breach of the ADs, including failure to comply with the repealed ADs after their repeal date of 29 February 2020, may lead to regulatory enforcement actions by CASA. While specific offences and penalties are not detailed in the text, non-compliance with airworthiness directives generally can result in severe consequences, including fines, suspension or revocation of airworthiness certificates, and potential criminal charges. The exact penalties can vary depending on the nature and severity of the non-compliance, and they are typically prescribed under the Civil Aviation Act 1988 and associated regulations.

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Civil Aviation Law
Instrument
Regulation
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Repeal & Amendment
Regulatory Standards
Delegated & Subordinate Legislation

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.