CASA ADCX 001/22 - Repeal of Airworthiness Directive AD/GENERAL/65 Amdt 5

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2022L00216 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 001/22 - Repeal of Airworthiness Directive
CASA AD/GENERAL/65 Amdt 5 - Hand Held Portable Fire Extinguishers

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. Regulation 39.001A of CASR, defines “airworthiness directive” to include foreign State of Design ADs issued on or after 1 October 2009. Accordingly, when a foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft. However, CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD.

Repeal

This instrument repeals AD/GENERAL/65 Amdt 5 - Hand Held Portable Fire Extinguishers (AD/GENERAL/65 Amdt 5), which applied to all aircraft except private and aerial work aeroplanes with maximum take-off weight not exceeding 5700 kg, rotorcraft with maximum take-off weight not exceeding 2750 kg, gliders, powered sailplanes and power-assisted sailplanes, and manned balloons. The repeal is being made because the requirements of AD/GENERAL/65 Amdt 5 have been included in the CASR Parts 91, 121, 133 and 135 Manual of Standards (MOS).

Existing CASR Part 90 exclusions allowing the use of Halon that were issued and which reference AD/GENERAL/65 Amdt 5 remain valid.

Consultation

No public or other consultation has taken place on the repeal of AD/GENERAL/65 Amdt 5 because the requirements of this AD have been included in the CASR Parts 91, 121, 133 and 135 Manual of Standards (MOS). 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 4 March 2022.

[Instrument number CASA ADCX 001/22]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 001/22 - Repeal of Airworthiness Directive
CASA AD/GENERAL/65 Amdt 5 - Hand Held Portable Fire Extinguishers

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 airworthiness directive AD/GENERAL/65 Amdt 5 (AD) because it is no longer required as the requirements of the AD have been included in the Civil Aviation Safety Regulations 1998 (CASR) Parts 91, 121, 133 and 135 Manual of Standards (MOS).

This AD relates 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

 

Interactions

Authorises

All Versions

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.