CASA ADCX 002/18 - Repeal of Airworthiness Directive

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Legislation au F2018L00087 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 002/18 — Repeal of Airworthiness Directive

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), 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This instrument repeals AD/CESSNA 400/103 Amdt 3 because the requirements of AD/CESSNA 400/103 Amdt 3 have been superseded by equivalent inspections required under the Cessna Supplemental Inspection Documents (SIDs) program, which are required to be complied with because they are approved maintenance data/ instructions under the Civil Aviation Regulations 1988, as noted in CASA Aviation Ruling 01/2014.

CASA Aviation Ruling 01/2014 is freely available from the CASA website at the following internet address:https://www.casa.gov.au/aircraft/standard-page/cessna-supplemental-inspection-documents

 

The Cessna SIDs documents referred to in the AD can be obtained from Textron Aviation (formerly Cessna), however, any Australian airline or operator which operates the Cessna 404 or 441 aircraft is provided with these documents by Textron Aviation by subscription.

Consultation

No public or other consultation has taken place on the repeal of AD/CESSNA 400/103 Amdt 3 because the requirements of AD/CESSNA 400/103 Amdt 3 have been superseded by the Cessna SIDs program, which must be complied with because of the operation of the Civil Aviation Regulations 1988. 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 16 February 2018.

[Instrument number CASA ADCX 002/18]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 002/18 — Repeal of Airworthiness Directive

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 airworthiness directive (AD) that is no longer required as equivalent inspections are required under the Cessna Supplemental Inspection Documents (SIDs) program, mandated in Australia by CASA Aviation Ruling 01/2014.

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 were enacted to ensure the continuing airworthiness of aircraft and aeronautical products within Australia, aligning with international standards set forth in the Convention on International Civil Aviation. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for civil aviation safety, with the Civil Aviation Safety Authority (CASA) having the authority to issue airworthiness directives (ADs) as per the Civil Aviation Safety Regulations. This repeal of AD/CESSNA 400/103 Amdt 3 was introduced to address the redundancy of specific inspection requirements for Cessna 404 and 441 aircraft, which are now superseded by the Cessna Supplemental Inspection Documents (SIDs) program. This legislative change aims to streamline compliance and enhance safety standards by ensuring that aircraft maintenance aligns with the most current and approved industry practices.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) under the Civil Aviation Act 1988 governs the airworthiness of aircraft and aeronautical products in Australia. The regulation empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure that aircraft and aeronautical products meet safety standards. The scope of these regulations applies to all aircraft registered in Australia and to entities involved in the maintenance, operation, and manufacture of aircraft and aeronautical products. The geographic reach of these regulations is national, applying across all states and territories within Australia. The regulations also extend to include foreign aircraft and aeronautical products when they are in Australian airspace or when they are registered in Australia. However, the regulations do not apply to certain types of aircraft, such as those used solely for experimental or research purposes, as specified in the regulations. The Civil Aviation Safety Regulations 1998 allow for the creation of subordinate instruments to further define or extend the application of the primary regulations. This ensures flexibility in addressing new safety concerns or technological advancements within the aviation industry.

Key Provisions

The key provisions of this legislation (CASA ADCX 002/18) primarily focus on the repeal of a specific airworthiness directive (AD) for a particular type of aircraft, namely the Cessna 400 series. The AD in question, AD/CESSNA 400/103 Amdt 3, is being repealed because its requirements have been superseded by equivalent inspections mandated under the Cessna Supplemental Inspection Documents (SIDs) program. This program is now the regulatory requirement for ensuring the airworthiness of these aircraft, as per CASA Aviation Ruling 01/2014. Under the Civil Aviation Safety Regulations 1998 (CASR), the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives for kinds of aircraft or aeronautical products (reg. 39.001). The repealed AD is no longer necessary as the SIDs program provides sufficient guidance and compliance measures. The obligations imposed by this legislation on the parties governed by it, primarily aircraft operators and owners of Cessna 400 series aircraft, are to comply with the Cessna SIDs program as stipulated in CASA Aviation Ruling 01/2014. These operators and owners must ensure that the inspections and maintenance required by the SIDs are conducted in accordance with the approved maintenance data and instructions. CASA, as the regulatory authority, is responsible for ensuring that these directives are followed and that the airworthiness of the aircraft is maintained. Operators must also ensure that they have access to the SIDs, either directly from Textron Aviation or through their subscription, and that these documents are used as the basis for all required inspections and maintenance activities. In terms of offences and penalties, the Civil Aviation Safety Regulations 1998 (CASR) and the Civil Aviation Act 1988 (the Act) provide for various civil and criminal consequences for non-compliance with airworthiness directives and the regulations governing civil aviation. While this specific legislative instrument does not introduce new penalties, failure to comply with the SIDs program and CASA’s aviation rulings can result in significant penalties. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines, and criminal penalties, including imprisonment. The maximum penalties for serious breaches can be substantial, reflecting the critical nature of airworthiness and safety in aviation. CASA has the authority to enforce compliance through various means, including audits, inspections, and legal action where necessary.

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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.