CASA ADCX 003/21 - Repeal of Airworthiness Directive AD/B747/356

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Legislation au F2021L00442 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 003/21 — Repeal of Airworthiness Directive AD/B747/356

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. 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/B747/356 — Trim Air Diffuser and Sidewall Riser Ducts (AD/B747/356), which applies to specified Boeing 747 series aeroplanes, because the requirements of AD/B747/356 have been superseded by United States of America Federal Aviation Administration (FAA) AD 2021-07-09 issued on 22 March 2021 with an effective date of 12 May 2021.

Consultation

No public or other consultation has taken place on the repeal of AD/B747/356 because the requirements of AD/B747/356 have been superseded by FAA AD 2021‑07-09, which must be complied with from its effective date 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.

 

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 12 May 2021.

[Instrument number CASA ADCX 003/21]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 003/21 — Repeal of Airworthiness Directive
AD/B747/356

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.

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 compliance with the Convention on International Civil Aviation, particularly concerning safety. The Australian Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) under these regulations to maintain the safety of aircraft. ADs are essential for ensuring the continuing airworthiness of aircraft types, and they apply to all aircraft registered in Australia, including those subject to directives issued by foreign states. This legislative framework allows CASA to either grant exclusions from certain ADs or approve alternative means of compliance. The repeal of Airworthiness Directive AD/B747/356, which was superseded by a more recent directive from the United States Federal Aviation Administration, exemplifies the dynamic nature of these regulations, adapting to international safety standards while maintaining Australia's commitment to aviation safety.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) govern the safety of civil aviation in Australia, providing the framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that ensure the continuing airworthiness of aircraft. The CASR apply to all aircraft and aeronautical products registered in Australia, as well as to Australian aircraft and aeronautical products registered in other countries, ensuring compliance with international safety standards. Under the Civil Aviation Act 1988, CASA may issue ADs, which are legislative instruments unless they apply to a specific person, aircraft, or aeronautical product. The CASR also allow for the incorporation of ADs issued by foreign States of Design, which apply to Australian aircraft unless CASA grants an exclusion or approves an alternative means of compliance. In this context, the instrument CASA ADCX 003/21 repeals AD/B747/356, which applied to specified Boeing 747 series aeroplanes, as its requirements have been superseded by a more recent United States Federal Aviation Administration AD. The repeal is effective from 12 May 2021, aligning Australian regulation with international standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. This regulatory framework ensures that Australian aircraft and products meet international safety standards. The instrument CASA ADCX 003/21 focuses on the repeal of the airworthiness directive AD/B747/356, which pertains to specific Boeing 747 series aeroplanes. The directive AD/B747/356, which previously required inspection and maintenance of certain components, has been rendered obsolete by the more recent United States of America Federal Aviation Administration (FAA) AD 2021-07-09. This newer directive was issued on 22 March 2021, with an effective date of 12 May 2021, and it supersedes the requirements of AD/B747/356. The repeal of AD/B747/356 places certain obligations on the parties involved, primarily those who operate or maintain Boeing 747 series aeroplanes registered in Australia. Operators and maintenance personnel must ensure compliance with FAA AD 2021-07-09, which includes updated inspection and maintenance protocols. CASA retains the authority to grant exclusions from ADs or approve alternative means of compliance, but in this case, it has determined that compliance with the FAA directive is necessary. This means that the State of Registry for these aircraft must ensure that the new FAA requirements are met, including any necessary modifications to aircraft components and thorough inspections to verify compliance. In the event of non-compliance with the FAA AD 2021-07-09, which now governs the airworthiness of the specified Boeing 747 series aeroplanes, there could be significant legal and operational consequences. While the specific penalties for non-compliance are not detailed in the explanatory statement, general provisions under CASR and the Civil Aviation Act 1988 could include fines, enforcement actions, and potential grounding of non-compliant aircraft. Such breaches could also lead to safety risks, which are critical in the context of aviation safety regulations. CASA has the authority to take enforcement actions against non-compliant operators or maintenance providers, which could include administrative penalties, legal proceedings, and other regulatory measures to ensure compliance and maintain safety standards.

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Environmental Law
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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.