CASA ADCX 007/14 - Repeal of Airworthiness Directives

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Legislation au F2014L00405 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 007/14 — 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/CON/89 will be superseded by United States Federal Aviation Administration (FAA) AD 2014-05-29 issued on 4 March 2014 with an effective date of 25 April 2014.

 

The requirements of AD/B747/36 Amdt 1 will be superseded by FAA AD 2014-05-24 issued on 26 February 2014 with an effective date of 25 April 2014.

 

Consultation

No consultation with the Australian public has taken place on the repeal of AD/CON/89 and AD/B747/36 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 25 April 2014.

[Instrument number CASA ADCX 007/14]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 007/14 — 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, as amended by the instrument F2014L00405, address the need to streamline and modernise the regulatory framework governing airworthiness directives in Australia. Enacted by the Civil Aviation Safety Authority (CASA) under the authority conferred by the Civil Aviation Act 1988, the instrument aims to eliminate redundant airworthiness directives that have been superseded by more recent directives issued by the aircraft's State of Design. This legislative action ensures that the regulatory burden on operators and stakeholders is reduced without compromising safety standards, aligning with international obligations under the Convention on International Civil Aviation. The repeal of these directives reflects CASA's commitment to maintaining efficient and effective regulatory practices that are in harmony with global standards while also reducing unnecessary administrative burdens.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 007/14, pertain to entities involved in civil aviation within Australia, including aircraft operators, maintenance providers, and aviation regulatory bodies. Specifically, the Act applies to any person or entity involved in the operation, maintenance, or certification of aircraft registered in Australia, as well as any aeronautical products subject to airworthiness directives. Geographically, the application of this legislation is confined to Australian territory, aligning with the broader national and international frameworks for aviation safety. However, the Act does not extend to foreign aircraft that are merely transiting through Australian airspace without registration. The repeal of certain airworthiness directives under this instrument is contingent upon the directives being superseded by newer directives issued by the aircraft's State of Design, effectively reducing the regulatory burden where newer standards have rendered previous ones obsolete. This repeal does not necessitate consultation under the Legislative Instruments Act 2003, given the specific context of the superseded directives. The instrument was made under the authority delegated by the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988, ensuring that the changes are in the interest of maintaining safety standards in air navigation.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions that allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under section 39.001. These directives are legislative instruments that aim to ensure the continuing airworthiness of aircraft registered in Australia. The repeal of certain ADs, as detailed in CASA ADCX 007/14, signifies that the requirements previously set out in those directives are now superseded by more recent ADs issued by the aircraft's State of Design. Specifically, AD/CON/89 and AD/B747/36 Amdt 1 are repealed as they are now replaced by newer FAA ADs (2014-05-29 and 2014-05-24, respectively). These repeals take effect from 25 April 2014, aligning with the effective dates of the newer FAA directives. The obligations under CASR 1998 include ensuring that aircraft continue to meet airworthiness standards. Operators and owners of affected aircraft must comply with the most current ADs, which now include the newer FAA directives. CASA's role is to ensure that these ADs are accepted and implemented by Australian operators. This involves recognising foreign ADs and allowing for exclusions or alternative compliance methods where appropriate. Operators must be aware of these changes and ensure that any required inspections and maintenance are conducted in accordance with the current directives. Failure to comply with airworthiness directives can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to both civil and criminal penalties. Civil penalties may include fines up to a maximum of $16,200 for individuals and $81,000 for corporations, as outlined in section 39.002 of the CASR 1998. Criminal penalties may also apply, with potential imprisonment for up to two years for individuals and higher fines for corporations. These penalties underscore the importance of adhering to the latest ADs to maintain safety standards in Australian aviation.

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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.