CASA ADCX 003/18 - Repeal of Airworthiness Directives

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2018L00084 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 003/18 — Repeal of Airworthiness Directives

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 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. Regulation 39.001A of CASR 1998, 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 six ADs for the following reason.

The requirements of AD/ARRIEL/33 have been superseded by European Aviation Safety Agency (EASA) AD 2007-0117-CN issued on 24 January 2018 with an effective date of 24 January 2018.

The requirements of AD/ARRIEL/36 have been superseded by European Aviation Safety Agency (EASA) AD 2007-0045-CN issued on 24 January 2018 with an effective date of 24 January 2018.

The requirements of AD/MAKILA/12 have been superseded by European Aviation Safety Agency (EASA) AD 2007-0084-CN issued on 24 January 2018 with an effective date of 24 January 2018.

The requirements of AD/MAKILA/13 have been superseded by European Aviation Safety Agency (EASA) AD 2007-0098-CN issued on 24 January 2018 with an effective date of 24 January 2018.

The requirements of AD/ASTAZOU/4 and AD/TURMO/6 have been superseded by European Aviation Safety Agency (EASA) AD 2018-0014-CN issued on 24 January 2018 with an effective date of 24 January 2018.

Consultation

No public or other consultation has taken place on the repeal of AD/ARRIEL/33, AD/ARRIEL/36, AD/MAKILA/12, AD/MAKILA/13, AD/ASTAZOU/4 and AD/TURMO/6  because the requirements of these ADs have been superseded by EASA ADs 2007-0045-CN, 2007-0084-CN, 2007-0098-CN, 2007-0117-CN and 2018-0014-CN, which must now be complied with because they are Foreign State of Design ADs. 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.

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 16 February 2018.

[Instrument number CASA ADCX 003/18]


Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 003/18 — 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 were enacted to ensure the safety of civil aviation within Australia. This piece of legislation was introduced to address the need for a robust regulatory framework governing airworthiness, maintenance, and operation of aircraft to protect public safety. The Civil Aviation Safety Regulations 1998 were established under the authority of the Civil Aviation Act 1988, with the primary policy objective of ensuring that all aspects of civil aviation in Australia comply with safety standards and regulations. The Civil Aviation Safety Authority (CASA) is responsible for issuing airworthiness directives (ADs) to enforce these regulations, ensuring that all aircraft and aeronautical products meet the necessary safety requirements. This legislative instrument repeals certain ADs that have been superseded by directives from the European Aviation Safety Agency, streamlining the regulatory framework and ensuring consistency with international standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 (the Act) pertain to entities and individuals involved in the operation, maintenance, and airworthiness of aircraft within Australia. This includes aircraft operators, maintenance providers, and other relevant parties. The regulations apply across the Commonwealth of Australia, ensuring that safety standards and airworthiness requirements are uniformly enforced nationwide. Exemptions and exclusions are generally granted through specific provisions within the CASR 1998, and these are often detailed in subordinate instruments. The Act also empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products, which are legislative instruments unless they apply to a particular person, aircraft, or product. The repeal of certain ADs, as described in CASA ADCX 003/18, is executed when their requirements are superseded by equivalent directives from other States of Design, such as those issued by the European Aviation Safety Agency (EASA). This repeal reflects the international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has primary responsibility for the continuing airworthiness of aircraft types.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the framework for the airworthiness of aircraft in Australia. Specifically, under section 39.001, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs), which are regulatory requirements aimed at ensuring the continuing airworthiness of aircraft and aeronautical products. These directives are legislative instruments unless they specifically apply to a particular person, aircraft, or aeronautical product (Civil Aviation Act 1988, section 98). Regulation 39.001A of the CASR 1998 further defines an AD to include those issued by Foreign States of Design on or after 1 October 2009, making such directives applicable to Australian aircraft. Consequently, CASA can grant exclusions from these ADs or approve alternative means of compliance. The repealed airworthiness directives (AD/ARRIEL/33, AD/ARRIEL/36, AD/MAKILA/12, AD/MAKILA/13, AD/ASTAZOU/4, and AD/TURMO/6) are no longer in effect because they have been superseded by European Aviation Safety Agency (EASA) ADs issued on 24 January 2018. These superseded ADs pertain to specific aircraft types and focus on inspection and maintenance requirements to ensure airworthiness. Consequently, all parties governed by these repealed ADs must now comply with the corresponding EASA ADs, as they have become the applicable standards for the relevant aircraft types registered in Australia. This shift ensures that Australian aviation standards remain aligned with international best practices and regulatory requirements. Failure to comply with airworthiness directives, including the now-superseded ADs, can lead to significant consequences. Non-compliance may result in the aircraft being deemed unairworthy, leading to grounding and potential legal action. CASA has the authority to impose penalties for non-compliance, which can include fines and other regulatory actions. The exact penalties depend on the severity and nature of the breach but can be substantial, reflecting the critical importance of airworthiness to aviation safety. The instrument making these changes was issued under the delegation authority of CASA, as per subregulation 11.260(1) of the CASR 1998 and subsection 94(1) of the Civil Aviation Act 1988. The repeal of the specified ADs took effect on 16 February 2018, ensuring that the updated EASA ADs are the governing standards for the affected aircraft types. Additionally, CASA determined that no consultation or Regulation Impact Statement was necessary due to the superseded nature of the ADs and their replacement by equivalent EASA directives.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Repeal & Amendment
Regulatory Standards
Compliance Obligations

Interactions

Authorises

All Versions

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.