CASA ADCX 001/25 - Repeal of Airworthiness Directives AD/TB10/31, AD/TB20/37 and AD/TB 200/4 Instrument 2025

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Legislation au F2025L01074 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 001/25 — Repeal of Airworthiness Directives AD/TB10/31, AD/TB20/37 and AD/TB 200/4 Instrument 2025

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.

Background

The French Civil Aviation Authority issued French AD F-2001-002(A) in January 2001 and CASA issued AD/TB10/31, AD/TB20/37 and AD/TB 200/4 to mandate the requirement of this AD for Australian operators.

The European Aviation Safety Authority (EASA) has revoked French AD F-2001-002(A) by issuing AD 2025-0160 which is automatically adopted by CASA under Part 39 of CASR.  This foreign AD applies to Daher Aerospace (Socata / Aerospatiale) TB 9, TB 10, TB 20, TB 21, and TB 200 Aeroplanes.

 

Repeal

This instrument repeals 3 Australian airworthiness directives.

AD/TB10/31- Rudder Bearings (AD/TB10/31) is repealed because the requirements of AD/TB10/31 have been superseded by EASA AD 2025-0160 issued on 25 July 2025 with an effective date of 8 August 2025.

This instrument also repeals AD/TB20/37 - Rudder Bearings (AD/TB20/37), because the requirements of AD/TB20/37 have been superseded by EASA AD 2025-0160 issued on 25 July 2025 with an effective date of 8 August 2025.

This instrument also repeals AD/TB 200/4 - Rudder Bearings (AD/TB 200/4), because the requirements of AD/TB 200/4 have been superseded by EASA AD 2025-0160 issued on 25 July 2025 with an effective date of 8 August 2025.

The ADs will be repealed on 12 September 2025.

Consultation

No public or other consultation has taken place on the repeal of AD/TB10/31, AD/TB20/37 and AD/TB 200/4 because the requirements of ADs AD/TB10/31, AD/TB20/37 and AD/TB 200/4 have been superseded by EASA AD 2025-0160, which must be complied with from its effective date because it is a foreign State of Design 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 (LA).

Office of Impact Analysis (OIA)

An Impact Analysis (IA) is not required because ADs are covered by a carve out by the Office of Impact Analysis under which an IA is not required for Australian or foreign airworthiness directives (OIA23-06244).

Sunsetting

As the instrument relates to aviation safety and is made under CASR, Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument (as per item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). However, this instrument will be repealed in accordance with section 48A of the LA, which will occur before the sunsetting provisions would have repealed the instrument if they had applied. Therefore, the exemption from sunsetting does not affect parliamentary oversight of this instrument.

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 12 September 2025.


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 001/25 - Repeal of Airworthiness Directives
AD/TB10/31, AD/TB20/37 and AD/TB 200/4 Instrument 2025

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 3 airworthiness directives (ADs) that are no longer required because they mandated requirements of a French airworthiness directive that has recently been revoked by the European Aviation Safety Authority (EASA), and EASA has issued a new foreign AD that is automatically adopted by CASA under Part 39 of CASR.

The repealed 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 (CASR) were enacted to provide comprehensive regulations for the safety of civil aviation in Australia. This legislation, made under the authority of the Civil Aviation Act 1988, addresses the need for stringent safety standards and regulations to ensure the safety of aircraft and aeronautical products within Australian airspace. The Civil Aviation Safety Authority (CASA) is empowered under the CASR to issue airworthiness directives (ADs) to mandate safety requirements for aircraft and aeronautical products. The 2025 Instrument (CASA ADCX 001/25) repeals specific airworthiness directives AD/TB10/31, AD/TB20/37, and AD/TB 200/4, which were previously mandated to comply with a French AD that has since been revoked by the European Aviation Safety Agency (EASA). The new EASA AD 2025-0160 supersedes the requirements of the repealed Australian ADs, necessitating their repeal to align with the updated international safety standards. The repeal of these directives aims to ensure continued compliance with the most current safety regulations, thereby maintaining the high standards of aviation safety in Australia.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This particular legislation pertains to the repeal of Australian ADs AD/TB10/31, AD/TB20/37, and AD/TB 200/4, which previously mandated compliance with a French AD now revoked by the European Aviation Safety Authority (EASA). This repeal reflects the automatic adoption of EASA AD 2025-0160, which now governs the airworthiness requirements for certain Daher Aerospace aircraft. The repealed ADs will be rescinded on 12 September 2025, as they have been superseded by the new EASA directive. This legislative instrument applies to Australian operators of the specified aircraft types, ensuring compliance with the updated international safety standards. Notably, no consultation was deemed necessary as the superseded directives have already been replaced by the new directive from EASA. Additionally, this instrument does not require an Impact Analysis, as it falls under an exemption for airworthiness directives, and it is exempt from the sunsetting provisions under the Legislation Act 2003 due to its relation to aviation safety.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR) relevant to this legislation are section 39.001, which allows CASA to issue airworthiness directives (ADs), and regulation 39.001A, which defines "airworthiness directive" to include foreign State of Design ADs issued on or after 1 October 2009. This instrument repeals three Australian ADs (AD/TB10/31, AD/TB20/37, and AD/TB 200/4) relating to rudder bearings on specific aircraft types, as these have been superseded by a new European Aviation Safety Authority (EASA) AD (AD 2025-0160). The repealed ADs will no longer apply from 12 September 2025. The obligations and requirements imposed by this Act primarily concern compliance with the new EASA AD 2025-0160, which has been automatically adopted by CASA under Part 39 of the CASR. Operators of the affected aircraft types must ensure that they comply with the new AD's requirements for inspection, rectification, or maintenance of the specified aircraft components. CASA may also grant exclusions or approve alternative means of compliance if operators can demonstrate that these are acceptable under the CASR. Any failure to comply with the new EASA AD 2025-0160 could result in enforcement actions by CASA, potentially leading to penalties under the Civil Aviation Act 1988. While the specific penalties for non-compliance with ADs are not detailed in this instrument, they could include fines or other administrative sanctions. Additionally, continued operation of non-compliant aircraft could be considered a safety violation, leading to further penalties or operational restrictions. This legislative instrument does not outline specific criminal or civil penalties for non-compliance with the repealed ADs themselves, as they are no longer in effect. However, the continued operation of aircraft in non-compliance with the new EASA AD could attract penalties under the Civil Aviation Act. CASA has the authority to take action against operators who fail to comply with ADs, which could include suspension or revocation of airworthiness certificates, thereby grounding the affected aircraft until compliance is achieved.

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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.