CASA ADCX 006/15 - Repeal of Airworthiness Directive

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

Legislation au F2015L00739 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 006/15 — Repeal of Airworthiness Directive

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.

In December 2004, CASA issued AD/A320/79 Amdt 2 relating to fuselage frame 68 of Airbus Industrie A320 aircraft.

Repeal

This instrument repeals AD/A320/79 Amdt 2 because the requirements of AD/A320/79 Amdt 2 have been superseded by European Aviation Safety Agency AD 2015-0084 issued on 18 May 2015 with an effective date of 27 May 2015.

 

Consultation

No consultation with the Australian public has taken place on the repeal of AD/A320/79 Amdt 2. This AD applied a foreign State of Design AD that will no longer be in force in the State of Design and its 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 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 27 May 2015.

[Instrument number CASA ADCX 006/15]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 006/15 — Repeal of Airworthiness Directive

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 has been superseded by a foreign State of Design AD issued by the national airworthiness authority of the State of Design of the aircraft or aeronautical product.

 

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 (CASR 1998) were enacted to ensure the safety of air navigation and provide a framework for the regulation of civil aviation in Australia. This set of regulations was introduced to address the need for comprehensive safety standards and oversight in civil aviation, in line with the overarching objectives of the Civil Aviation Act 1988. The regulations were enacted by the Governor-General under the authority conferred by the Act, specifically under section 98, which allows for the creation of regulations for the safety of air navigation. The policy objective behind these regulations is to maintain and enhance the safety standards in civil aviation, ensuring that all aircraft and aeronautical products meet the necessary safety requirements. This is achieved through the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA), which serves as Australia's national airworthiness authority.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) pertain to the safety of civil aviation in Australia, and the authority to issue airworthiness directives (AD) falls under the purview of the Civil Aviation Safety Authority (CASA). This legislation applies to all entities involved in civil aviation within Australia, including aircraft manufacturers, operators, and maintenance providers, as well as individuals such as pilots and engineers. The geographic reach of this legislation is national, as it applies to all aircraft registered in Australia and their respective States of Design. The ADs are intended to ensure the continuing airworthiness of aircraft and aeronautical products, thus enhancing safety in the aviation industry. The application of these regulations can be extended or restricted through subordinate instruments, allowing CASA to issue specific directives that may vary in scope and application depending on the circumstances. In the instance of the repealed AD/A320/79 Amdt 2, the directive was specific to the Airbus Industrie A320 aircraft and related to the inspection and rectification or maintenance of fuselage frame 68. The repeal of this directive was necessary due to its supersession by a more recent European Aviation Safety Agency AD, and no consultation was deemed necessary as the directive had already ceased to have effect in its originating jurisdiction. The instrument was made under the authority delegated to CASA and commenced on the effective date of the new directive, 27 May 2015.

Key Provisions

The main operative sections of this legislation pertain to the repeal of a specific airworthiness directive (AD) that had been in effect for certain types of aircraft. Under regulation 39.001A of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue an AD for a kind of aircraft or aeronautical product. The repealed AD/A320/79 Amdt 2, which had been issued by CASA in December 2004, is no longer in effect as it has been superseded by a more recent European Aviation Safety Agency AD 2015-0084 (sections 2 and 3). This repeal is necessary because the new AD addresses the same safety concerns in a more comprehensive manner. The obligations and requirements imposed by this Act on the relevant parties are primarily concerned with ensuring the continuing airworthiness of aircraft registered in Australia. Specifically, CASA, as the national airworthiness authority, must accept any AD issued by the State of Design of an aircraft type that is on the Australian Register. However, CASA has the discretion to grant an exclusion from the AD or approve an alternative means of compliance, should the circumstances warrant it (subsection 33(3) of the Acts Interpretation Act 1901). Additionally, under Annex 8 to the Convention on International Civil Aviation, the State of Registry of an individual aircraft bears the responsibility for its continuing airworthiness and must develop or adopt requirements to ensure this. The Act does not specify any offences, penalties, or civil/criminal consequences for the breach of the repealed AD/A320/79 Amdt 2. However, it is important to note that any failure to comply with an AD, including the superseded one, could potentially lead to enforcement actions under other provisions of the Civil Aviation Act 1988 and the CASR 1998. These could include administrative penalties, fines, or even criminal charges, depending on the severity of the non-compliance and its impact on aviation safety. The maximum penalties for such offences are not specified in this particular legislative instrument but would be determined in accordance with the relevant provisions of the Act and the CASR 1998.

Legal classification tags

Area of Law
Civil Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Offence Provisions

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.