CASA ADCX 006/14 - Repeal of Airworthiness Directives

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Legislation au F2014L00362 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 006/14 — 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.

The requirements of AD/A320/88 will be superseded by European Aviation Safety Agency AD 2014-0069 issued on 19 March 2014 with an effective date of 2 April 2014.

 

The requirements of AD/B737/332 Amdt 1 will be superseded by United States Federal Aviation Administration AD 2014-05-21 issued on 19 February 2014 with an effective date of 22 April 2014.

 

Consultation

No consultation with the Australian public has taken place on the repeal of AD/A320/88 and AD/B737/332 Amdt 1. 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 repeals result 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 Legislative Instruments 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 2 April 2014.

[Instrument number CASA ADCX 006/14]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 006/14 — 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 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 were enacted to ensure the safety of air navigation in Australia, with the Civil Aviation Act 1988 providing the overarching legislative framework. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products, which are integral to maintaining the continuing airworthiness of these items. The Civil Aviation Safety Regulations 1998, amended by F2014L00362, aim to address the need to align Australian regulations with those of foreign states of design, particularly in the context of superseded ADs. This legislative instrument was developed by CASA, acting under the authority conferred by the Civil Aviation Act 1988 and the Acts Interpretation Act 1901. The primary policy objective is to streamline and reduce regulatory burden by repealing ADs that have been superseded by updated directives from the states of design, thereby ensuring that Australian regulations remain current and effective without unnecessary duplication.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 006/14, pertain to airworthiness directives (ADs) and their application within Australia's aviation sector. These regulations apply to the Civil Aviation Safety Authority (CASA), which is Australia's national airworthiness authority, and to any aircraft registered in Australia, including both domestic and foreign-registered aircraft that are subject to Australian airworthiness regulations. The scope of the legislation extends to all entities and individuals involved in the operation, maintenance, and inspection of aircraft registered in Australia, thereby ensuring compliance with airworthiness standards. The repeal of certain ADs, as specified in CASA ADCX 006/14, aligns with the international obligations under Annex 8 to the Convention on International Civil Aviation and recognises the primacy of the State of Design's ADs for aircraft types. The repeal aims to streamline regulatory requirements and reduce unnecessary duplication. The instrument does not specify any exclusions or thresholds beyond the need for compliance with superseded ADs being replaced by more recent directives from the State of Design. The instrument's commencement on 2 April 2014 signifies the immediate applicability of the repeals to relevant aircraft and aeronautical products within Australia.

Key Provisions

The main operative sections of this legislation pertain to the repeal of certain airworthiness directives (ADs) as outlined in the Civil Aviation Safety Regulations 1998 (CASR 1998). Specifically, section 1 of CASA ADCX 006/14 repeals AD/A320/88 and AD/B737/332 Amdt 1, which have been superseded by new ADs issued by the European Aviation Safety Agency and the United States Federal Aviation Administration, respectively. These repeals take effect from 2 April 2014. The Civil Aviation Act 1988 provides the legislative basis for these actions, allowing the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of CASR 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs. The obligations and requirements imposed by this Act primarily involve the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, must accept foreign State of Design ADs for aircraft on the Australian Register. However, CASA retains the discretion to grant exclusions from these ADs or approve alternative means of compliance. Additionally, the State of Design has a responsibility under Annex 8 to the Convention on International Civil Aviation to provide necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. This legislative instrument streamlines the regulatory framework by repealing outdated ADs, thus reducing the regulatory burden on stakeholders. The legislation does not specify any offences, penalties, or civil/criminal consequences for breaches. However, it is worth noting that non-compliance with airworthiness directives can lead to severe consequences, including potential grounding of aircraft, enforcement actions by CASA, and civil or criminal penalties under other relevant laws. The repealed ADs themselves, if they were still in force, would likely have included specific compliance requirements and penalties for non-compliance, which are now superseded by the newer directives issued by the foreign States of Design.

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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.