CASA ADCX 005/16 - Repeal of Airworthiness Directives

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Legislation au F2016L00362 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 005/16 — Repeal of Airworthiness Directives

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), 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. Foreign State of Design ADs issued on or after 1 October 2009 are defined as ADs under regulation 39.001A of CASR 1998. When a foreign State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must accept that AD. 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 2 ADs for the following reasons.

This instrument repeals AD/A320/216 because the requirements of AD/A320/216 have been superseded by European Aviation Safety Agency AD 2016-0053 issued on 14 March 2016 with an effective date of 28 March 2016.

 

This instrument also repeals AD/PA-31/94 Amdt 2 because the requirements of this AD have been superseded by United States of America Federal Aviation Authority AD 2016-05-01 issued on 24 February 2016 with an effective date of 15 April 2016.

 

Consultation

No consultation with the Australian public has taken place on the repeal of AD/A320/216 and AD/PA-31/94 Amdt 2. These ADs applied foreign State of Design ADs that will no longer be in force in the State of Design and their retention would have been purposeless. The repeal results in a reduction of the regulatory burden. For this reason, it is CASA’s view that it is not necessary or appropriate to undertake any further 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.

 

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 1998 and subsection 94 (1) of the Act.

The instrument commences on 28 March 2016.

[Instrument number CASA ADCX 005/16]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 005/16 — Repeal of Airworthiness Directives

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 2 airworthiness directives (ADs) that have been superseded by foreign State of Design ADs issued by the national airworthiness authority of the State of Design of the aircraft or aeronautical product.

 

These ADs relate 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 1998) were enacted to provide a regulatory framework for ensuring the safety of air navigation in Australia. This legislation was introduced to address the need for comprehensive safety regulations governing the civil aviation sector. Under section 98 of the Civil Aviation Act 1988, the Governor-General was empowered to make regulations for the Act, and the policy objective was to ensure the safety of air navigation through rigorous regulatory measures. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, was given the power to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. The repealing instrument CASA ADCX 005/16, made under the authority of CASA and effective from 28 March 2016, removed two specific ADs that had become obsolete due to the issuance of updated ADs by the relevant foreign States of Design. This repeal aimed to streamline regulations and reduce the regulatory burden without necessitating further consultation, as the retained ADs would have been purposeless.

Scope and Application

The Civil Aviation Safety Regulations 1998, amended by CASA ADCX 005/16, pertain to the safety of air navigation and the continuing airworthiness of aircraft, focusing on the repeal of certain airworthiness directives (ADs) that have been superseded by foreign State of Design ADs. This regulation applies to aircraft registered in Australia and any aeronautical products subject to these ADs, impacting the aircraft operators, maintenance providers, and other relevant entities within the civil aviation sector. Geographically, the regulations extend to the Commonwealth of Australia, in line with the Civil Aviation Act 1988, and are consistent with international standards under Annex 8 to the Convention on International Civil Aviation. The repeal of the specified ADs reduces regulatory burden without excluding any particular person or entity, provided they comply with the new foreign ADs. The instrument does not require consultation or a Regulation Impact Statement as it aligns with existing international standards and reduces unnecessary regulatory complexity. The commencement of this regulation is effective from 28 March 2016, aligning with the effective dates of the foreign ADs it supersedes.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under section 98 of the Civil Aviation Act 1988 (the Act) provide the regulatory framework for ensuring the safety of air navigation in Australia. Section 39.001 of the CASR 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for specific aircraft types or aeronautical products. These directives are a legislative instrument unless they apply to a particular person, aircraft, or aeronautical product, as outlined in subsections 98(5B) and (5BA) of the Act. The Act also includes provisions for the repeal, amendment, or variation of such legislative instruments under subsection 33(3) of the Acts Interpretation Act 1901. The State of Design of an aircraft holds primary responsibility for its continuing airworthiness, while the State of Registry must implement measures to ensure this, as stipulated in Annex 8 to the Convention on International Civil Aviation. The obligations imposed by this legislation include CASA's requirement to accept ADs issued by foreign States of Design for aircraft registered in Australia, as mandated under regulation 39.001A of the CASR 1998. CASA may, however, grant exclusions from these directives or approve alternative means of compliance. The repeal of AD/A320/216 and AD/PA-31/94 Amdt 2 aligns with international standards, ensuring that Australian regulations are consistent with those of the aircraft's State of Design. This repeal reduces regulatory burden and reflects the superseded requirements of European Aviation Safety Agency AD 2016-0053 and United States of America Federal Aviation Authority AD 2016-05-01, issued on 14 March 2016 and 24 February 2016, respectively. Failure to comply with the provisions of the CASR 1998 and the Civil Aviation Act 1988 may result in civil or criminal penalties. The specific penalties are not detailed in this instrument but generally include fines and imprisonment as provided under the respective acts. The regulatory impact statement does not apply in this instance as ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation, which exempts them from the requirement of a detailed impact statement. The instrument's compatibility with human rights has been confirmed, as it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

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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.