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

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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

 

Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to ensure the safety of civil aviation in Australia, aligning with the provisions of the Convention on International Civil Aviation. This legislation provides the framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are critical for maintaining the safety and airworthiness of aircraft. The Civil Aviation Act 1988 empowers CASA to create these regulations to ensure compliance with international aviation safety standards. The objective is to ensure that all aircraft operating in Australia meet the necessary safety standards as set out by the Convention on International Civil Aviation, thereby protecting public safety and international standards. The repeal of the specific airworthiness directive AD/GENERAL/65 Amdt 5 for hand-held portable fire extinguishers is a reflection of the evolving regulatory framework, which integrates these requirements into the broader Civil Aviation Safety Regulations, enhancing efficiency and compliance.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) is legislation enacted under the Civil Aviation Act 1988, which governs the safety of civil aviation in Australia. This particular instrument, CASA ADCX 001/22, pertains to the repeal of the airworthiness directive CASA AD/GENERAL/65 Amendment 5 concerning Hand Held Portable Fire Extinguishers. The repeal applies to all aircraft registered in Australia, except for private and aerial work aeroplanes with a maximum take-off weight not exceeding 5700 kg, rotorcraft with a maximum take-off weight not exceeding 2750 kg, gliders, powered sailplanes, power-assisted sailplanes, and manned balloons. The repeal is effective from 4 March 2022, and it removes the need for compliance with the specific airworthiness directive as its requirements have been integrated into CASR Parts 91, 121, 133 and 135 Manual of Standards (MOS). Despite the repeal, existing CASR Part 90 exclusions referencing the airworthiness directive remain valid. The Civil Aviation Safety Authority (CASA) has determined that no consultation is necessary as the requirements have already been incorporated into the relevant manuals of standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) (section 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for a type of aircraft or aeronautical product. The Civil Aviation Act 1988 (section 98) allows the Governor-General to make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety. Under section 33 (3) of the Acts Interpretation Act 1901, a power to make, grant or issue any instrument of a legislative or administrative character includes a power to repeal, rescind, revoke, amend, or vary any such instrument. This legislative instrument repeals Airworthiness Directive CASA AD/GENERAL/65 Amdt 5 – Hand Held Portable Fire Extinguishers (AD/GENERAL/65 Amdt 5). 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. The AD applies 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 AD required the inspection and rectification or maintenance of specified aircraft or aeronautical products. The repeal of AD/GENERAL/65 Amdt 5 removes the obligation for these inspections and maintenance, which are now covered by the CASR Parts 91, 121, 133 and 135 MOS. The State of Registry of an individual aircraft is responsible for its continuing airworthiness and 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. There are no specific offences, penalties, or civil/criminal consequences outlined in this legislative instrument for the breach of the repealed AD. The repealed AD’s requirements have been integrated into the CASR Parts 91, 121, 133 and 135 MOS. Any breach of the integrated requirements would be subject to the penalties and consequences outlined in the CASR Parts 91, 121, 133 and 135 MOS. The instrument was 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.

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Aviation Law
Instrument
Regulation
Concepts
Repeal & Amendment
Compliance Obligations
Regulatory Standards

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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.