CASA ADCX 003/15 - Repeal of Airworthiness Directive

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Legislation au F2015L00072 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 003/15 — Repeal of Airworthiness Directive

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 AD/B737/24 Amdt 1 because the requirements of AD/B737/24 Amdt 1 have been superseded by United States of America Federal Aviation Administration AD 2014-25-03 issued on 28 November 2014 with an effective date of 16 January 2015.

 

Consultation

No consultation with the Australian public has taken place on the repeal of AD/B737/24 Amdt 1. That AD has been superseded by a foreign State of Design AD and its retention would have been purposeless. The repeal results 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 28 January 2015.

[Instrument number CASA ADCX 003/15]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 003/15 — 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 has been superseded by a foreign State of Design AD issued by the national airworthiness authority of the State of Design of the aircraft or aeronautical product.

 

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 provide detailed safety standards and procedures within the civil aviation sector in Australia, aligning with the overarching Civil Aviation Act 1988. The regulations address the need for comprehensive safety measures and regulatory frameworks to ensure the safety of air navigation. This piece of legislation was introduced by the Australian Parliament to provide a robust legal foundation for the safety standards required in the operation and maintenance of aircraft and aeronautical products, thereby mitigating risks and ensuring compliance with both national and international safety standards. The Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives under the regulations, which are crucial in maintaining the continuing airworthiness of aircraft. The policy objective of these regulations is to protect public safety by enforcing strict safety standards and ensuring the efficient and safe operation of aircraft within Australian airspace.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, apply to all entities and persons involved in civil aviation in Australia, including aircraft operators, manufacturers, and maintenance organisations. These regulations are designed to ensure the safety of air navigation, and they provide the framework under which airworthiness directives (ADs) can be issued by the Civil Aviation Safety Authority (CASA). ADs are legislative instruments used to address safety issues with aircraft or aeronautical products and are binding on those who operate or maintain such aircraft. The repeal of a specific AD, such as AD/B737/24 Amdt 1, is done under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and the repeal is effective for the entire Commonwealth of Australia. The repeal occurs when the superseded AD's requirements are effectively addressed by a more recent AD issued by the aircraft's State of Design, such as the United States of America in this case. There are no stated exclusions or exemptions in this particular repeal, and the repeal is intended to streamline regulations and reduce unnecessary burdens on the industry.

Key Provisions

The key provisions of this instrument (CASA ADCX 003/15) pertain to the repeal of an existing airworthiness directive (AD) that has been superseded by a more recent directive issued by a foreign State of Design (section 1). This repeal is necessary as the requirements set out in the superseded AD have been addressed by the newer directive, specifically the United States of America Federal Aviation Administration AD 2014-25-03, which was issued on 28 November 2014 with an effective date of 16 January 2015. The repeal of AD/B737/24 Amdt 1 aims to streamline regulations and reduce the regulatory burden on the aviation industry. The instrument was made under the authority of section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative instrument imposes no new obligations or requirements on the parties or entities it governs. Instead, it seeks to remove an outdated AD and ensure that the aviation industry adheres to the most current safety standards set by the relevant State of Design. The repeal of AD/B737/24 Amdt 1 means that operators and maintainers of the specified aircraft or aeronautical products are no longer subject to the requirements of that directive, as they are now covered by the newer AD. There are no specific offences, penalties, or consequences for breach outlined in this legislative instrument, as it is primarily a repeal of an existing AD rather than the introduction of new regulatory requirements. However, failure to comply with the requirements of the new AD (United States of America Federal Aviation Administration AD 2014-25-03) could result in penalties under the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. The penalties for non-compliance with airworthiness directives can include fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court. The maximum penalties for breaches of the Civil Aviation Act 1988 can be found in section 14 of that Act, while the penalties for breaches of the Civil Aviation Safety Regulations 1998 can be found in regulation 20.003 of those Regulations.

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Aviation Law
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Regulation
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Definitions & Interpretation
Repeal & Amendment
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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.