CASA ADCX 001/26 - Repeal of Airworthiness Directive AD/ECUREUIL/124 Instrument 2026

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Legislation au F2026L00606 In force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 001/26 — Repeal of Airworthiness Directive AD/ECUREUIL/124 Instrument 2026

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.

Background

The European Union Aviation Safety Agency (EASA) issued EASA AD 2006-0337 and CASA issued AD/ECUREUIL/124 to mandate the requirement of this AD for Australian operators.

EASA has revoked EASA AD 2006-0337 by issuing AD 2026-0089 which is automatically adopted by CASA under Part 39 of CASR. This foreign AD applies to Airbus AS 350 and EC 130 Helicopters.

 

 

Repeal

This instrument repeals the Australian AD AD/ECUREUIL/124 because the requirements of AD/ECUREUIL/124 have been superseded by EASA AD 2026-0089 issued on 7 May 2026 with an effective date of 21 May 2026.

Consultation

No public or other consultation has taken place on the repeal of AD/ECUREUIL/124 because the requirements of AD/ECUREUIL/124 have been superseded by EASA AD 2026-0089 which must now be complied with 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 21 May 2026 and is automatically repealed in accordance with section 48A of the LA 


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 001/26 — Repeal of Airworthiness Directive AD/ECUREUIL/26 Instrument 2026

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 an Australian airworthiness directive (AD) that is no longer required because the EASA airworthiness directive with the requirements it mandated has recently been revoked by EASA, and EASA has issued a new foreign AD that is automatically adopted by CASA under Part 39 of CASR.

The repealed AD related 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 provide comprehensive safety regulations for civil aviation in Australia, ensuring compliance with the Convention on International Civil Aviation and other international standards. This legislation was introduced to address the need for a robust regulatory framework governing aircraft airworthiness, maintenance, and operational safety, thereby protecting public safety and maintaining the integrity of the aviation industry. The Civil Aviation Safety Regulations 1998 are made under the authority of the Civil Aviation Act 1988, with the primary policy objective of enhancing aviation safety and ensuring the continuing airworthiness of aircraft through effective regulation and oversight by the Civil Aviation Safety Authority (CASA). The regulations empower CASA to issue airworthiness directives to mandate safety requirements for aircraft and aeronautical products, thereby aligning with international safety standards and practices. The Civil Aviation Safety Regulations 1998 facilitate the adoption and enforcement of foreign airworthiness directives issued by other states, ensuring consistency and uniformity in safety standards across the global aviation community. This approach helps maintain the safety and reliability of aircraft operating within Australian airspace, while also enabling efficient international cooperation in addressing aviation safety issues. The repeal of specific airworthiness directives, such as AD/ECUREUIL/124, reflects the dynamic nature of aviation safety regulations and the continuous efforts to align with updated international standards, ensuring that Australian aviation practices remain current and effective.

Scope and Application

The Civil Aviation Safety Regulations 1998, under which the Australian airworthiness directive AD/ECUREUIL/124 was issued, apply to the aviation industry in Australia, specifically to aircraft operators and aeronautical products on the Australian Register. This regulation allows the Civil Aviation Safety Authority (CASA) to mandate airworthiness requirements for aircraft types, which includes ensuring that aircraft meet continuing airworthiness standards. ADs, such as AD/ECUREUIL/124, are issued to enforce specific safety measures and are binding on the entities and persons they apply to, ensuring compliance with international safety standards as outlined by the Convention on International Civil Aviation. The repeal of AD/ECUREUIL/124, as mandated by CASA ADCX 001/26, is effective in relation to the specific aircraft types it previously applied to, namely Airbus AS 350 and EC 130 helicopters, and the repeal reflects the superseding of its requirements by a new European Union Aviation Safety Agency directive. The repeal does not extend to any other aircraft types or aeronautical products unless similarly affected by subsequent directives. The repeal takes effect from 21 May 2026, aligning with the effective date of the new EASA directive, and CASA will ensure that operators and relevant entities comply with the new requirements as of this date.

Key Provisions

The primary operative sections of the Civil Aviation Safety Regulations 1998 (CASR) relevant to this instrument are sections 98 and 39.001. Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the purpose of implementing the provisions of the Convention on International Civil Aviation relating to safety. Under regulation 39.001 of the CASR, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (AD) for a kind of aircraft or aeronautical product. Furthermore, under subsections 98 (5B) and (5BA) of the Act, an AD is considered a legislative instrument unless it is expressed to apply to a particular person, aircraft, or aeronautical product. This legislative instrument repeals the Australian AD AD/ECUREUIL/124 due to the superseding requirements of the newly issued EASA AD 2026-0089. The obligations imposed by this instrument primarily concern compliance with the new AD 2026-0089 issued by the European Union Aviation Safety Agency (EASA). Australian operators of Airbus AS 350 and EC 130 Helicopters must now adhere to the requirements set out in the new EASA AD, which have been automatically adopted by CASA under Part 39 of the CASR. Operators are required to ensure their aircraft meet the new inspection and maintenance standards as mandated by this directive. Additionally, CASA, as the national airworthiness authority, must monitor and enforce compliance with these new safety requirements. In terms of offences and penalties, the Act does not specify maximum penalties for non-compliance with ADs in the repealed AD/ECUREUIL/124 itself. However, non-compliance with airworthiness directives generally can result in severe consequences, including fines and imprisonment. Under the Civil Aviation Act 1988, CASA has the authority to issue infringement notices, prosecute operators, and take other enforcement actions against those who fail to comply with airworthiness directives. Furthermore, operators may face civil liability for accidents or incidents resulting from non-compliance with airworthiness requirements. The automatic adoption of EASA AD 2026-0089 by CASA ensures that the same stringent compliance and enforcement measures apply to the new directive.

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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.