CASA ADCX 005/11 - Revocation of Airworthiness Directives

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Legislation au F2011L00396 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/G1159/1

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream II Service Change No. 99.  Compliance was required in 1971.

 

AD/G1159/2 Amdt 1

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream Customer Bulletin No. 100A.

 

AD/G1159/3

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream II Service Change No. 104.  Compliance was required in 1971.

 

 

 

AD/G1159/4 Amdt 4

 

This uniquely-Australian Airworthiness Directive mandated the retirement lives specified in Chapter 5 of the applicable maintenance manual.  Retirement lives are now specified in the airworthiness limitations sections of the maintenance manuals.  This AD is no longer required.

 

AD/G1159/5

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream II Service Change No. 120.  Compliance was required in 1972.

 

AD/G1159/6

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream II Service Change No. 139.  Compliance was required in 1972.

 

AD/G1159/7

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream Customer Bulletin No. 143.

 

AD/G1159/8

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream Customer Bulletin No. 163.  Compliance was required in 1973.

 

AD/G1159/10

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream II Customer Bulletin No. 170.

 

AD/G1159/11

 

This uniquely-Australian Airworthiness Directive mandated Grumman Aircraft Service Change No. 168.  Compliance was required in 1974.

 

AD/G1159/12

 

This uniquely-Australian Airworthiness Directive mandated Grumman Aircraft Service Change No. 163.  Compliance was required in 1974.

 

AD/G1159/13

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream Customer Bulletin No. 183.  Compliance was required in 1974.

 

AD/G1159/15 Amdt 1

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream Customer Bulletin No. 224A.

 

AD/G1159/20

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream Customer Bulletin No. 235.

 

AD/G1159/22

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream Customer Bulletin No. 251.  Compliance was required in 1978.

 

AD/G1159/23 Amdt 2

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream Customer Bulletin No. 286A.

 

AD/G1159/25

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream Customer Bulletin No. 269.  Compliance was required in 1979.

 

AD/G1159/26

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream Customer Bulletin No. 276.  Compliance was required in 1979.

 

AD/G1159/27

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream Customer Bulletin No. 273.  Compliance was required in 1979.

 

AD/G1159/28

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream Customer Bulletin No. 295.  Compliance was required in 1980.

 

AD/G1159/29

 

This uniquely-Australian Airworthiness Directive specified that the flight manual must be in metric units.  This requirement was superseded by regulation 54 of the Civil Aviation Regulations.

 

AD/G1159/30

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream Customer Bulletin No. 303.  Compliance was required in 1981.

 

AD/G1159/32

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream Customer Bulletin No. 349.  Compliance was required in 1984.

AD/G1159/34 Amdt 1

 

This uniquely-Australian Airworthiness Directive mandated Grumman Gulfstream Customer Bulletin No. 390.  Compliance was required in 1989.

 

AD/A320/192 Amdt 2

 

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 State of Design AD 2007-0218R1 issued on 28 February 2011.

 

AD/A320/206

 

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 2007-0065R2 issued on
28 February 2011.

 

AD/G164/15 Amdt 2

 

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 FAA AD 2011-05-07 issued on
17 February 2011.

 

 

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 005/11]

Overview

The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation, empowers the Governor-General to make regulations under section 98 of the Civil Aviation Act 1988. These regulations mandate that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs serve as legislative instruments under the Acts Interpretation Act 1901, ensuring compliance with international standards for aircraft airworthiness as stipulated in Annex 8 to the Convention on International Civil Aviation. This regulation allows CASA to mandate Australian ADs when necessary, reflecting the State of Design’s responsibility for continuing airworthiness of aircraft types. The revocation of specific ADs, as outlined in the explanatory statement, addresses the obsolescence and redundancy of certain directives, streamlining regulatory requirements and maintaining alignment with current international standards. The authority to revoke these ADs lies with CASA, ensuring the safety and efficiency of Australia's aviation sector.

Scope and Application

The Civil Aviation Regulations 1988, specifically addressing the revocation of airworthiness directives (ADs), applies to all entities involved in civil aviation within Australia. These regulations are enacted under the Civil Aviation Act 1988 to ensure the safety of air navigation. Airworthiness directives are regulatory instruments issued by the Civil Aviation Safety Authority (CASA) to address issues or safety concerns related to aircraft or aeronautical products. The ADs can pertain to any aircraft or aeronautical product registered in Australia and are essential for maintaining the continuing airworthiness of these items as stipulated under international agreements, particularly Annex 8 to the Convention on International Civil Aviation. The State of Registry for each aircraft, which is Australia in this context, holds responsibility for ensuring that its aircraft meet the continuing airworthiness standards. The regulations allow CASA to issue ADs based on information provided by the State of Design or other contracting states to the Convention on International Civil Aviation. The ADs are legislative instruments and can be subject to disallowance under the Acts Interpretation Act 1901. While the ADs are revoked, no public consultation was deemed necessary for these changes, and no Regulatory Impact Statement was required, as determined by the Office of Best Practice Regulation. The revocations are implemented by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with the Civil Aviation Act 1988.

Key Provisions

The primary operative sections of this legislation pertain to the revocation of specific Airworthiness Directives (ADs) issued under the Civil Aviation Regulations 1988. Section 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are intended to ensure the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which places responsibility for this on the State of Design and the State of Registry of an aircraft. In this case, CASA has identified certain ADs that are no longer necessary due to updates or supersession by newer directives, and has therefore revoked them. These revoked ADs include, for instance, AD/G1159/4, which mandated the retirement lives specified in Chapter 5 of the applicable maintenance manual, and AD/G1159/29, which required the flight manual to be in metric units. The obligations and requirements imposed by this Act on the parties governed by it are primarily focused on compliance with the revoked ADs. Specifically, aircraft operators and owners must ensure that their aircraft comply with all current ADs and no longer adhere to those that have been revoked. This involves reviewing their compliance records to remove references to the cancelled ADs and ensuring that any mandated actions have been completed if they were still applicable. Additionally, CASA has the responsibility to monitor and enforce compliance with all ADs, including those that have been revoked, to maintain the highest safety standards in air navigation. In terms of consequences for non-compliance, there are no specific offences, penalties, or civil/criminal consequences outlined in the text for failing to adhere to the revoked ADs themselves. However, failing to comply with ADs in general can lead to severe consequences, including potential enforcement actions by CASA. These actions could range from issuing a compliance order or a direction to take corrective action, to more severe measures like suspension or revocation of an aircraft's certificate of airworthiness. The potential penalties for such breaches are not detailed in the text but can include fines and other legal repercussions, depending on the severity of the non-compliance.

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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.