CASA ADCX 004/24 - Repeal of Airworthiness Directive AD/AS 355/7 Amdt 5

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Legislation au F2024L00889 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 004/24 — Repeal of Airworthiness Directive
AD/AS 355/7 Amdt 5 – Tail Rotor Blade Spar

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.

Background

The European Aviation Safety Agency (EASA) has revoked French Direction Générale de l'aviation Civile (DGAC) AD F-1984-045-022R4 by issuing EASA AD 2024‑0134 which is automatically adopted by CASA under Part 39 of CASR.

Repeal

This instrument repeals AD/AS 355/7 Amdt 5 – Tail Rotor Blade Spar (AD/AS 355/7 Amdt 5), which applies to specified Airbus Helicopters AS 355 series helicopters, because the requirements of AD/AS 355/7 Amdt 5 have been cancelled by EASA AD 2024-0134 issued on 10 July 2024 with an effective date of 17 July 2024.

Consultation

No public or other consultation has taken place on the repeal of AD/AS 355/7 Amdt 5 because the requirements of AD/AS 355/7 Amdt 5 have been cancelled by EASA AD 2024‑0134, 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 (LA).

 

Office of Impact Analysis (OIA)

An Impact Analysis (IA) 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 IAs (OBPR id. 14507).

Sunsetting

As the instrument relates to aviation safety and is made under CASR, Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument (as per item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). However, this instrument will be repealed in accordance with section 48A of the LA, which will occur before the sunsetting provisions would have repealed the instrument if they had applied. Therefore, the exemption from sunsetting does not affect parliamentary oversight of this instrument.

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 24 July 2024.

 

 

 

 

 

 

 

 

 

 

[Instrument number CASA ADCX 004/24]

 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 004/24 — Repeal of Airworthiness Directive
AD/AS 355/7 Amdt 5 – Tail Rotor Blade Spar

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 as the requirements of the AD have been cancelled by European Aviation Safety Agency (EASA) AD 2024-0134 issued on 10 July 2024 with an effective date of 17 July 2024.

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, enacted by the Parliament of Australia under the authority of the Civil Aviation Act 1988, establish regulations for civil aviation safety to ensure the continuing airworthiness of aircraft and aeronautical products within Australia. The regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) in compliance with international civil aviation safety standards, particularly those set by the International Civil Aviation Organization. The problem this legislation addresses is the need for a robust regulatory framework that ensures the safety of civil aviation by harmonising national regulations with international standards. The policy objective is to maintain and enhance aviation safety through effective regulation, compliance with international standards, and the ability to swiftly adapt to new safety requirements as they emerge. This specific legislative instrument, CASA ADCX 004/24, concerns the repeal of Airworthiness Directive AD/AS 355/7 Amendment 5, which pertains to the tail rotor blade spar of certain Airbus Helicopters AS 355 series helicopters. The repeal is due to the European Aviation Safety Agency's (EASA) issuance of a new AD, EASA AD 2024-0134, which supersedes the previous directive. The instrument does not require consultation or an impact analysis, given that the directive it repeals has already been cancelled by a foreign State of Design AD. The instrument also confirms its compatibility with human rights as it does not engage any applicable rights or freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, govern the airworthiness of aircraft and aeronautical products within Australia. This particular legislative instrument, CASA ADCX 004/24, pertains to the repeal of Airworthiness Directive AD/AS 355/7 Amendment 5, which was previously applicable to specified Airbus Helicopters AS 355 series helicopters. The repeal is necessitated by the European Aviation Safety Agency's issuance of AD 2024-0134, which supersedes the earlier directive. The Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998, and these directives must be adhered to by the State of Registry responsible for the continuing airworthiness of the aircraft. Given that CASA is required to adopt foreign airworthiness directives, the earlier AD is no longer necessary. This instrument applies to the entities and aircraft previously governed by AD/AS 355/7 Amendment 5, ensuring compliance with the new directive from EASA. There are no exclusions or exemptions specified in this repeal, as it is a direct consequence of the newer directive issued by EASA. The repeal is effective from 24 July 2024 and does not require any consultation or impact analysis as the changes are directly mandated by an international regulatory body.

Key Provisions

The primary operative section of CASA ADCX 004/24 involves the repeal of Airworthiness Directive AD/AS 355/7 Amendment 5, specifically concerning the Tail Rotor Blade Spar for specified Airbus Helicopters AS 355 series helicopters (section 1). This repeal occurs because the requirements previously set out in AD/AS 355/7 Amdt 5 have been superseded by EASA AD 2024-0134, which is automatically adopted by CASA under Part 39 of the Civil Aviation Safety Regulations 1998 (CASR). Consequently, operators of affected helicopters must now comply with the new requirements outlined in EASA AD 2024-0134 from its effective date of 17 July 2024. The obligations imposed by this regulation require operators and maintenance personnel of the specified Airbus Helicopters AS 355 series to adhere to the new airworthiness directive, EASA AD 2024-0134. This includes ensuring that all inspections, rectifications, and maintenance actions are performed in accordance with the requirements set forth in the new directive. CASA may also grant an exclusion from or approve alternative means of compliance, but these must be consistent with the safety standards set by EASA. Operators must also ensure that any necessary documentation and records are updated to reflect compliance with the new directive. Should there be any failure to comply with the requirements of the new EASA AD 2024-0134, the Civil Aviation Safety Authority (CASA) may impose various penalties. These could include fines, directives for corrective actions, or even suspension or revocation of airworthiness certificates for the affected aircraft. The specific penalties depend on the severity of the non-compliance and the potential risk to aviation safety. The Civil Aviation Safety Regulations 1998 provide a framework for these penalties, which may be enforced through administrative or judicial processes, depending on the circumstances. The legislative instrument also ensures that the repeal of AD/AS 355/7 Amdt 5 does not engage any of the applicable rights or freedoms as outlined in the international human rights instruments. This is confirmed in the Statement of Compatibility with Human Rights, which states that the repeal does not raise any human rights issues and is thus compatible with the human rights and freedoms recognised or declared in the relevant international instruments. The repeal is strictly a matter of updating safety regulations in line with international standards and does not impact individual rights in any way.

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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.