CASA ADCX 006/19 - Repeal of Airworthiness Directive AD/CL-600/84

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Legislation au F2019L00839 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 006/19 — Repeal of Airworthiness Directive AD/CL-600/84

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), 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. Regulation 39.001A of CASR, defines “airworthiness directive” to include Foreign State of Design ADs issued on or after 1 October 2009. Accordingly, when a Foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft. 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 AD/CL-600/84 because the requirements of AD/CL-600/84 have been superseded by Transport Canada AD CF-2002-39R1 issued on 7 June 2019 with an effective date of 21 June 2019.

Consultation

No public or other consultation has taken place on the repeal of AD/CL-600/84 because the requirements of AD/CL-600/84 have been superseded by Transport Canada AD CF-2002-39R1, which must now be complied with because it is a Foreign State of Design AD. For this reason, it is CASA’s view that it is not necessary or appropriate to undertake any 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 (OBPR id. 14507).

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 and subsection 94 (1) of the Act.

The instrument commences on 21 June 2019.

[Instrument number CASA ADCX 006/19]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 006/19 — Repeal of Airworthiness Directive AD/CL-600/84

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 were enacted to ensure that civil aviation operations in Australia are conducted safely and efficiently, in line with the Convention on International Civil Aviation. The regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments that mandate safety requirements for aircraft and aeronautical products. This particular legislative instrument, CASA ADCX 006/19, repeals Airworthiness Directive AD/CL-600/84, reflecting the fact that it has been superseded by a more recent directive issued by Transport Canada on 7 June 2019. The repeal is effective from 21 June 2019 and aims to align Australian aviation safety standards with international practices, ensuring the continuing airworthiness of aircraft registered in Australia. The instrument was made under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it includes a Statement of Compatibility with Human Rights, affirming that it does not engage any of the applicable rights or freedoms as recognised by the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, establish the framework for ensuring the safety of civil aviation in Australia. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are intended to address safety issues and ensure the continuing airworthiness of aircraft registered in Australia. The scope of these ADs extends to all aircraft and aeronautical products that are on the Australian Register, regardless of their State of Design, and they are applicable to both domestic and international flights operating within Australia. CASA may, however, grant exclusions or approve alternative means of compliance. The repeal of Airworthiness Directive AD/CL-600/84, as detailed in CASA ADCX 006/19, was necessary due to its requirements being superseded by Transport Canada AD CF-2002-39R1, effective from 21 June 2019. This repeal does not necessitate consultation or a Regulation Impact Statement, as per CASA's internal agreements and the superseded nature of the original directive. Furthermore, a Statement of Compatibility with Human Rights confirms that this repeal does not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR) that are relevant to this legislation are sections 39.001 and 39.001A, which define the terms "airworthiness directive" and include Foreign State of Design ADs issued on or after 1 October 2009. Regulation 39.001A specifically states that when a Foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft. However, CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD. The obligations and requirements the Act imposes on the parties or entities it governs include ensuring the continuing airworthiness of aircraft. 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. The State of Registry of an individual aircraft is responsible for its continuing airworthiness and must develop or adopt requirements to ensure the continuing airworthiness of aircraft. The Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives and may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD. Any offences, penalties, or civil/criminal consequences for breach are not specified in the text. However, it is important to note that failing to comply with airworthiness directives may result in the grounding of an aircraft or the imposition of fines or other penalties by CASA. The maximum penalties for breaches of CASR are set out in section 39.009 of the Act and may include fines of up to $275,000 for individuals and $1.375 million for bodies corporate, as well as imprisonment for up to five years for individuals and seven years for bodies corporate.

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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.