CASA ADCX 005/10 - Revocation of Airworthiness Directives

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

Legislation au F2010L00825 Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

Civil Aviation Regulations 1988

 

Revocation of Airworthiness Directives

 

Legislation

Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.  Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products.  Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.  Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative 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 ICAO 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.  When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.

State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.

AD/P68/43 Amdt 5

 

A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A.  The requirements of this airworthiness directive have been superseded by EASA AD 2010-0051, issued
25 March 2010.

 

AD/RAD/76 Amdt 1

 

A State of Design airworthiness directive issued on or after 1st October 2009 is defined as an airworthiness directive per CASR Part 39.001A.  The requirements of this airworthiness directive have been superseded by FAA AD 2010-07-02 dated
17 March 2010.

 

 


AD/HS 125/1

 

This AD was raised in 1966 against Hawker Siddeley Aviation Service Bulletin (SB) 125-57-21 requiring a one-time inspection of flight control castings.  Compliance was required by 31 March 1966.

 

As this AD has been promulgated for an extended period of time it is considered to be no longer required.  This AD is therefore cancelled.

 

AD/HS 125/2

 

This AD was raised in 1966 against Hawker Siddeley Aviation Service Bulletin (SB) 125-53-2 requiring a modification to increase fatigue life.  Compliance was required before 2000 hours total flight time.

 

As this AD has been promulgated for an extended period of time it is considered to be no longer required.

 

AD/HS 125/3

 

This AD was raised in 1966 against Hawker Siddeley Aviation Service Bulletin (SB) 125-27-41 requiring rework of the top wing skin.  Compliance was required within 100 hours flight time, or before 31 October 1966, whichever is the earlier.

 

As this AD has been promulgated for an extended period of time it is considered to be no longer required.  This AD is therefore cancelled.

 

AD/HS 125/4

 

This AD was raised in 1966 against Hawker Siddeley Aviation Service Bulletin 21-28 requiring repositioning of the safety and inward relief valve.  Compliance was required forthwith.

 

As this AD has been promulgated for an extended period of time it is considered to be no longer required.  This AD is therefore cancelled.

 

AD/HS 125/6

 

This AD was raised in 1967 against Hawker Siddeley Aviation Service Bulletin (SB) 125-57-18 requiring a modification to prevent fouling of the aileron “A” lever.  Compliance was required within 100 hours time in service.

 

As this AD has been promulgated for an extended period of time it is considered to be no longer required.  This AD is therefore cancelled.


AD/HS 125/7

 

This AD was raised in 1967 against Hawker Siddeley Aviation Service Bulletin (SB) 125-32-60 requiring a modification to prevent nose wheel steering disconnect.

 

As this AD has been promulgated for an extended period it is considered no longer required.  This AD is therefore cancelled.

 

AD/HS 125/8

 

This AD was raised in 1967 against Hawker Siddeley Aviation Service Bulletin (SB) 125-53-22 requiring a modification to protect the engine mounting beam from damage and corrosion during service.  Compliance was required within 500 hours TIS.

 

As this AD has been promulgated for an extended period it is considered no longer required.  This AD is therefore cancelled.

 

AD/EC 135/16

 

A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A.  The requirements of this airworthiness directive have been superseded by EASA AD 2010-0058, issued
30 March 2010.

 

AD/GBK 117/19

 

A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A.  The requirements of this airworthiness directive have been superseded by EASA AD 2010-0058, issued
30 March 2010.

 

 

 

Consultation

No consultation with the Australian public has taken place on these AD cancellations.  The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.

 

The AD has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.

[Instrument number CASA ADCX 005/10]

 

Overview

The Civil Aviation Regulations 1988, enacted under the Civil Aviation Act 1988, serve to regulate airworthiness directives (ADs) and ensure the safety of air navigation. The Governor-General has the authority to create regulations for these purposes under section 98 of the Civil Aviation Act 1988. The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft and aeronautical products, which are legislative instruments. These regulations are intended to align with international standards as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must ensure that the aircraft remain airworthy, which involves adopting or developing requirements to enforce the ADs issued by the State of Design. The revocation of certain ADs, as detailed in the explanatory statement, is a measure to streamline regulations, ensuring that only current and relevant safety directives remain in effect. This action is taken in accordance with the authority granted under the Act and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.

Scope and Application

The Civil Aviation Regulations 1988, specifically the revocation of certain Airworthiness Directives (ADs), applies to the aviation industry, including aircraft manufacturers, operators, and maintenance organisations within Australia. These regulations are made under section 98 of the Civil Aviation Act 1988 and are administered by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. The ADs in question, which are legislative instruments, pertain to the continuing airworthiness of aircraft types registered in Australia and are issued by the States of Design and Registry in accordance with international standards set by the International Civil Aviation Organization (ICAO). The revocation of these specific ADs, such as AD/HS 125/4 and AD/EC 135/16, is based on the consideration that the directives have been in effect for an extended period and are no longer necessary. The revocation does not extend to other ADs that remain in force. The regulatory changes made by CASA under the Civil Aviation Safety Regulations 1998 may be subject to further definition or amendment through subordinate instruments.

Key Provisions

The Civil Aviation Regulations 1988, as amended, provide specific provisions concerning the revocation of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations that serve the interests of aviation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are treated as legislative instruments according to section 6 of the Legislative Instruments Act 2003. Under these regulations, the State of Design, which is the country responsible for designing an aircraft, must ensure the continuing airworthiness of the aircraft type and provide necessary information to States of Registry. The State of Registry, which is the country where an aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD affecting an aircraft on the Australian Register, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the State of Design’s requirements. The Civil Aviation Regulations 1988 include several sections that pertain to the cancellation of specific airworthiness directives. For example, AD/HS 125/1 to AD/HS 125/8, issued in 1966 and 1967, have been cancelled as they have been in effect for an extended period and are no longer considered necessary. Additionally, AD/EC 135/16 and AD/GBK 117/19, issued on or after 1 October 2009, have been superseded by more recent directives from the European Aviation Safety Agency (EASA). The Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, made the decision to revoke these ADs in accordance with subsection 94(1) of the Civil Aviation Act 1988. The Civil Aviation Regulations 1988 do not require consultation with the Australian public for the cancellation of these airworthiness directives, as determined by the Office of Best Practice Regulation. There is no obligation for a Regulatory Impact Statement. The revocation of these directives may impact aircraft operators and maintenance providers by reducing the number of ADs they need to comply with, but it does not introduce new obligations beyond ensuring compliance with remaining ADs. Failure to comply with airworthiness directives can result in severe consequences, including enforcement actions by CASA. Civil penalties can include fines of up to $66,000 per offence for individuals and $330,000 for corporations. Criminal penalties can include imprisonment for up to five years for individuals and fines of up to $330,000 for corporations. In extreme cases, CASA can revoke an aircraft’s certificate of airworthiness, grounding the aircraft until compliance is achieved. These penalties underscore the importance of adhering to airworthiness directives to maintain the safety standards required by Australian aviation law.

Legal classification tags

Area of Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Offence Provisions
Enforcement Powers

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.