CASA ADCX 004/19 - Repeal of Airworthiness Directive AD/TBM 700/33 Amdt 1

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Legislation au F2019L00597 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 004/19 — Repeal of Airworthiness Directive
AD/TBM 700/33 Amdt 1

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), 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/TBM 700/33 Amdt 1 because the requirements of AD/TBM 700/33 Amdt 1 have been superseded by European Aviation Safety Agency (EASA) AD 2019-0070 issued on 28 March 2019 with an effective date of
11 April 2019.


Consultation

No public or other consultation has taken place on the repeal of AD/TBM 700/33 Amdt 1 because the requirements of AD/TBM 700/33 Amdt 1 have been superseded by EASA AD 2019-0070, which must now be complied with 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 11 April 2019.

[Instrument number CASA ADCX 004/19]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 004/19 — Repeal of Airworthiness Directive
AD/TBM 700/33 Amdt 1

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 (CASR) were enacted to provide a comprehensive regulatory framework ensuring the safety of civil aviation in Australia. This Act was introduced to address the need for stringent safety regulations in the rapidly growing aviation industry, aligning Australia’s aviation safety standards with international norms and practices. The Australian Parliament, through the Civil Aviation Act 1988, granted the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for aircraft and aeronautical products. The overarching policy objective of this legislation is to maintain and enhance the safety of civil aviation in Australia by ensuring compliance with international safety standards and requirements. The repeal of AD/TBM 700/33 Amdt 1, as detailed in CASA ADCX 004/19, exemplifies how CASA adapts to international changes in aviation safety regulations to ensure continued adherence to the highest safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 004/19, applies to all aircraft and aeronautical products registered in Australia and to any entities or individuals involved in the operation or maintenance of these aircraft and products. This includes airlines, maintenance providers, and aircraft owners who must adhere to the safety standards prescribed by the regulations. The repeal of Airworthiness Directive AD/TBM 700/33 Amdt 1, which has been superseded by a European Aviation Safety Agency (EASA) AD 2019-0070, indicates that the regulations extend to ensuring that Australian aviation remains compliant with international safety standards. The geographic reach of these regulations is national, impacting all aircraft within Australia's jurisdiction. There are no specific exclusions or exemptions mentioned in the explanatory statement, although CASA retains the authority to grant exclusions or approve alternative means of compliance. The repeal of AD/TBM 700/33 Amdt 1 was made under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, with no consultation deemed necessary due to the supersession by a newer directive. The instrument's commencement aligns with the effective date of the new EASA AD, ensuring a seamless transition in compliance requirements.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, which are binding requirements intended to ensure the continuing airworthiness of aircraft and aeronautical products. This legislative instrument, CASA ADCX 004/19, specifically concerns the repeal of Airworthiness Directive AD/TBM 700/33 Amendment 1. This repeal occurs because the directive has been superseded by a more recent directive issued by the European Aviation Safety Agency (EASA). As a result, AD/TBM 700/33 Amdt 1 is no longer applicable, and compliance must now align with EASA AD 2019-0070. The obligations imposed by this repeal require all relevant parties, such as aircraft operators, maintenance providers, and state registries, to cease complying with AD/TBM 700/33 Amdt 1 and instead adhere to the new EASA AD 2019-0070. This includes ensuring that any inspections, rectifications, or maintenance actions previously required by the repealed directive are now performed according to the updated directive. The repeal also necessitates that CASA and other regulatory bodies update their records and guidance documents to reflect the change. Failure to comply with the new AD 2019-0070 could result in civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can lead to enforcement actions, including fines and potential prosecution. The exact penalties depend on the severity and frequency of the non-compliance but can include substantial monetary fines and, in severe cases, imprisonment for individuals responsible for the oversight. Additionally, non-compliance can lead to operational restrictions or grounding of affected aircraft, which could significantly impact aviation safety and operations.

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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.