CASA ADCX 006/24 - Repeal of Airworthiness Directive AD/BELL 412/41

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Legislation au F2024L01205 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 006/24 - Repeal of Airworthiness Directive
AD/BELL 412/41 - Tailboom Attachment Cap Angle

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), the Civil Aviation Safety Authority (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.

Background

The United States of America Federal Aviation Administration (FAA) has issued AD 2024‑16‑01 which is automatically adopted by CASA under Part 39 of CASR. FAA AD 2024-16-01 supersedes the requirements of FAA AD 2000-18-09. These foreign ADs apply to specified Bell Helicopter Textron 412 series helicopters.

FAA AD 2000-18-09 was given domestic effect in Australia by AD/BELL 412/41 - Tailboom Attachment Cap Angle (AD/BELL 412/41).

Repeal

This instrument repeals AD/BELL 412/41 because the requirements of AD/BELL 412/41 have been cancelled by FAA AD 2024-16-01 issued on 1 August 2024 with an effective date of 4 September 2024.

Consultation

No public or other consultation has taken place on the repeal of AD/BELL 412/41 because the requirements of AD/BELL 412/41 have been cancelled by FAA AD 2024-16-01, which must be complied with from its effective date 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 (LA).

 

Office of Impact Analysis (OIA)

An Impact Analysis (IA) is not required because ADs are covered by a carve out by the Office of Impact Analysis under which a IA is not required for foreign airworthiness directive (OIA23-06244).

Sunsetting

As the instrument relates to aviation safety and is made under CASR, Part 4 of Chapter 3 of the LA (the sunsetting provisions) does not apply to the instrument (as per item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). However, this instrument will be repealed in accordance with section 48A of the LA, which will occur before the sunsetting provisions would have repealed the instrument if they had applied. Therefore, the exemption from sunsetting does not affect parliamentary oversight of this instrument.

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 27 September 2024.


Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 006/24 - Repeal of Airworthiness Directive
AD/BELL 412/41 - Tailboom Attachment Cap Angle

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 is no longer required as the requirements of the AD have been cancelled by United States of America Federal Aviation Administration (FAA) AD 2024‑16‑01 issued on 1 August 2024 with an effective date of 4 September 2024.

The 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 the safety of civil aviation in Australia, providing a framework for the regulation of civil aviation operations and safety standards. This legislation was introduced to address the need for stringent safety regulations in line with international standards set forth by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is the enacting body responsible for the creation and enforcement of these regulations under the Civil Aviation Act 1988. The policy objective is to harmonise Australian aviation safety regulations with international standards, ensuring the highest level of safety for both domestic and international flights. This approach aligns with the overarching goal of maintaining and improving the safety and efficiency of civil aviation while fostering international cooperation in air transport.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) under the Civil Aviation Act 1988 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft registered in Australia. These ADs can be issued for specific aircraft types or aeronautical products and may be based on directives issued by the State of Design, such as those from the United States of America Federal Aviation Administration (FAA). The repeal of AD/BELL 412/41, as outlined in CASA ADCX 006/24, applies to all entities and persons responsible for the maintenance and operation of Bell Helicopter Textron 412 series helicopters in Australia. This repeal is necessitated by the issuance of FAA AD 2024-16-01, which supersedes the previous FAA AD 2000-18-09. As ADs are considered legislative instruments, their repeal follows the provisions outlined in the Acts Interpretation Act 1901, allowing for the revocation of existing regulations. This repeal does not require consultation or an Impact Analysis as it merely reflects changes in international airworthiness standards. The instrument is exempt from sunsetting provisions as it pertains to aviation safety, and it is deemed compatible with human rights as it does not impact any recognised rights or freedoms. The repeal commences on 27 September 2024, ensuring compliance with the new FAA directive.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) under section 39.001 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for a kind of aircraft or aeronautical product. Regulation 39.001A of the CASR defines an "airworthiness directive" to include foreign State of Design ADs issued on or after 1 October 2009. This legislative instrument specifically repeals AD/BELL 412/41, which was previously in effect to address the tailboom attachment cap angle of certain Bell Helicopter Textron 412 series helicopters. The repeal is due to the cancellation of the requirements by FAA AD 2024-16-01, which is effective from 4 September 2024. The repeal of AD/BELL 412/41 imposes obligations on aircraft operators and maintenance personnel to comply with FAA AD 2024-16-01, which has now become applicable to Australian-registered aircraft of the specified type. This means that from the effective date of 4 September 2024, any inspections, rectifications, or maintenance actions required by AD/BELL 412/41 must now align with the new FAA directive. CASA retains the authority to grant exclusions from or approve alternative means of compliance if necessary. Failure to comply with the ADs, including the repealed AD/BELL 412/41 and the new FAA AD 2024-16-01, may result in civil or criminal penalties. Under section 62 of the Civil Aviation Act 1988, non-compliance with an AD can lead to enforcement actions, including fines and potential prosecution. The maximum penalties for breaches of safety regulations can vary, but they may include substantial financial penalties and, in severe cases, imprisonment. Additionally, CASA may take enforcement actions under section 64 of the Civil Aviation Act 1988 if it is found that an aircraft does not meet the required airworthiness standards. This could lead to grounding of the aircraft until compliance is achieved, further impacting the operator's ability to fly the aircraft commercially. The legislative instrument ensures that all stakeholders are aware of the current requirements and must adhere to the updated safety standards as per FAA AD 2024-16-01.

Legal classification tags

Area of Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
Civil Aviation Safety Regulations 1998

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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.