CASA ADCX 003/14 - Repeal of Airworthiness Directives

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Legislation au F2014L00124 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 003/14 — Repeal of Airworthiness Directives

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), 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. Foreign State of Design ADs issued on or after 1 October 2009 are defined as ADs under regulation 39.001A of CASR 1998. When a foreign State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must accept that AD. 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 3 ADs for the following reasons.

The requirements of AD/A320/61 Amdt 4 will be superseded by European Aviation Safety Agency AD 2014-0025 issued on 23 January 2014 with an effective date of 6 February 2014.

 

The requirements of AD/B767/127 and AD/B767/140 Amdt 1 will be superseded by United States of America Federal Aviation Administration AD 2013-25-03 issued on 4 December 2013 with an effective date of 3 March 2014.

 

Consultation

No consultation with the Australian public has taken place on the repeal of AD/A320/61 Amdt 4, AD/B767/127 and AD/B767/140 Amdt 1. These ADs applied foreign State of Design ADs that will no longer be in force in the State of Design and their retention would have been purposeless. The repeals result in a reduction of the regulatory burden. For this reason, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments 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.

 

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 1998 and subsection 94 (1) of the Act.

The instrument commences on 6 February 2014.

[Instrument number CASA ADCX 003/14]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 003/14 — Repeal of Airworthiness Directives

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 directives (ADs) that have been superseded by foreign State of Design ADs issued by the national airworthiness authority of the State of Design of the aircraft or aeronautical product.

 

These 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 1998) were enacted to ensure the safety of air navigation in Australia. This regulation, under section 98 of the Civil Aviation Act 1988, empowers the Governor-General to make rules that support the safety of air navigation, with the Civil Aviation Safety Authority (CASA) acting as the regulator. Specifically, regulation 39.001 of the CASR 1998 allows CASA to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. The policy objective is to ensure that the continuing airworthiness of aircraft is maintained by aligning with international standards and the requirements of the State of Design. The Civil Aviation Safety Regulations 1998 were introduced to address the need for comprehensive and internationally consistent safety standards for aircraft operating within Australia. The regulations were passed by the Australian Parliament and are overseen by CASA, which is responsible for ensuring compliance with safety directives and the reduction of regulatory burdens where appropriate.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 apply to all aircraft and aeronautical products registered in Australia, ensuring their airworthiness and safety. The authority to issue airworthiness directives (ADs) is vested in the Civil Aviation Safety Authority (CASA), which is the national airworthiness authority in Australia. These ADs serve to maintain the continuing airworthiness of aircraft, and they are issued under the authority of the Act and the CASR 1998. ADs are legislative instruments unless they apply to a particular person, aircraft, or aeronautical product, as stipulated in the Act. The scope of the Act extends to all aircraft and aeronautical products within Australia, including those registered by foreign States of Design, provided CASA accepts the ADs issued by these foreign entities. CASA may grant exclusions from these ADs or approve alternative means of compliance. This particular legislative instrument, CASA ADCX 003/14, specifically repeals certain ADs that have been superseded by foreign ADs, thereby reducing regulatory burden and ensuring alignment with international standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) are being amended to repeal three specific airworthiness directives (ADs) as stated in section 3 of the explanatory statement. The ADs that are being repealed include AD/A320/61 Amendment 4, AD/B767/127, and AD/B767/140 Amendment 1. This repeal is occurring because these directives have been superseded by more recent ADs issued by the State of Design, which are now the governing ADs for the respective aircraft types. These repealed ADs no longer serve a purpose as the newer ADs are now in effect and cover the same areas of aircraft safety and maintenance. The repeal of these ADs imposes specific obligations on the parties governed by the CASR 1998. Operators and owners of the affected aircraft must now comply with the newer ADs issued by the State of Design, which may include different inspection, rectification, or maintenance requirements. Additionally, CASA, as the national airworthiness authority, must ensure that these new ADs are recognised and implemented across the Australian aviation industry. The repealed ADs are no longer applicable, and compliance with the newer ADs is mandatory to maintain the airworthiness of the aircraft. Any failure to comply with the new ADs or continued adherence to the repealed ADs could result in civil or criminal penalties. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can lead to significant fines and, in severe cases, prosecution. The specific penalties would depend on the nature and severity of the breach, but they could include fines for individuals or corporations as stipulated in the relevant sections of the Act. Additionally, continued operation of an aircraft that does not comply with the current ADs could lead to enforcement actions by CASA, potentially resulting in grounding of the aircraft until compliance is achieved. Overall, the repeal of these ADs streamlines the regulatory requirements by aligning them with the most current safety directives from the State of Design. This ensures that Australian operators are maintaining the highest safety standards in accordance with international aviation safety practices.

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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.