CASA ADCX 007/17 - Repeal of Airworthiness Directives

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Legislation au F2017L00493 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 007/17 — Repeal of Airworthiness Directives

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations. 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 three ADs for the following reasons.

This instrument repeals AD/A320/139 because the AD was applicable only to Airbus A320-111 aircraft and the State of Design, the European Aviation Safety Agency (EASA) has confirmed that all 20 examples of this aircraft model that have been built have been retired and there are no longer any A320-111 aircraft operational in worldwide fleets.

The requirements of AD/EC 135/12 Amdt 1 have been superseded by EASA AD 2006-0318R2 issued on 25 April 2017 and with an effective date of 25 April 2017.

The requirements of AD/AIRCON/9 Amdt 8 have been superseded by United States of America Federal Aviation Administration (FAA) AD 2017-06-03 issued on 9 March 2017 and with an effective date of 5 May 2017.


Consultation

No public or other consultation has taken place on the repeal of AD/A320/139 because there are no longer any affected aircraft operational in worldwide fleets and the cancellation of AD/A320/139 removes unnecessary regulatory burden for industry.

No public or other consultation has taken place on the repeal of AD/EC 135/12 Amdt 1 as the requirements of AD/EC 135/12 Amdt 1 have been superseded by EASA AD 2006-0318R2, which must now be complied with because it is a Foreign State of Design AD.

From 5 May 2017, the requirements in FAA AD 2017‑06‑03 must be complied with because it is a Foreign State of Design AD. CASA has received requests from 2 aircraft operators to address the applicability of both AD/AIRCON/9 Amdt 8 and FAA AD 2017-06-03. The repeal of AD/AIRCON/9 Amdt 8 addresses these operators’ concerns. As the requirements of AD/AIRCON/9 Amdt 8 have been superseded by the requirements of FAA AD 2017‑06‑03, no other public or other consultation has taken place on the repeal of AD/AIRCON/9 Amdt 8.

For these reasons, it is CASA’s view that it is not necessary or appropriate to undertake any further 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.

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 5 May 2017.

[Instrument number CASA ADCX 007/17]


Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 007/17 — 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, or are no longer required due to all affected aircraft having been retired from operational service.

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 and efficiency of civil aviation in Australia. This regulatory framework was introduced to address the need for comprehensive aviation safety regulations that align with international standards and practices, particularly concerning airworthiness directives. The Civil Aviation Safety Regulations 1998 were made under the authority of the Civil Aviation Act 1988, with the primary objective of establishing a robust regulatory environment to ensure the safe operation of aircraft and aeronautical products within Australian airspace. The regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are essential for maintaining the continuing airworthiness of aircraft and aeronautical products. This legislative instrument specifically repeals certain airworthiness directives that have either been superseded by directives issued by the State of Design or are no longer necessary because the affected aircraft models have been retired from service. The repeal aims to streamline regulations, reduce redundancy, and ensure that operators comply with the most current and relevant safety requirements.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 007/17, applies to all persons, entities, and industries involved in the operation and maintenance of aircraft registered in Australia, as well as to specific types of aircraft and aeronautical products. The regulation's scope includes both domestic and international operations, ensuring compliance with airworthiness directives (ADs) issued by the Civil Aviation Safety Authority (CASA) or by the State of Design, where applicable. This regulation extends its jurisdiction across Australia, aligning with the national framework established by the Civil Aviation Act 1988 and adhering to international standards set by the Convention on International Civil Aviation. Notably, the regulation provides mechanisms for CASA to grant exclusions or approve alternative means of compliance for certain ADs, thereby offering flexibility in specific circumstances. The repeal of particular ADs as outlined in CASA ADCX 007/17 is based on their supersession by newer directives or the retirement of affected aircraft types, reflecting a commitment to maintaining current and relevant safety standards without unnecessary regulatory burdens.

Key Provisions

The key sections of this legislative instrument pertain to the repeal of certain Airworthiness Directives (ADs) as specified in the explanatory statement. Section 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) allows the Civil Aviation Safety Authority (CASA) to issue ADs for a kind of aircraft or aeronautical product. However, this instrument, CASA ADCX 007/17, repeals three such ADs. Specifically, AD/A320/139 is repealed because all Airbus A320-111 aircraft have been retired, AD/EC 135/12 Amdt 1 is repealed due to its requirements being superseded by EASA AD 2006-0318R2, and AD/AIRCON/9 Amdt 8 is repealed because its requirements have been superseded by FAA AD 2017-06-03. The obligations imposed by this instrument on the parties it governs primarily revolve around compliance with the superseded ADs. Aircraft operators and other relevant entities must ensure they are aware of and comply with the new ADs that have taken the place of the repealed directives. CASA has the authority to grant exclusions from or approve alternative means of compliance for ADs under regulation 39.001A of the CASR. This ensures that the continuing airworthiness of aircraft is maintained in accordance with the latest safety standards. In terms of consequences for non-compliance, the repealed ADs themselves no longer apply, but failing to comply with the new ADs that have replaced them could result in enforcement actions by CASA. While the explanatory statement does not detail specific penalties for non-compliance with these ADs, CASA may take a range of actions including fines, suspension of airworthiness certificates, and other administrative or legal measures under the Civil Aviation Act 1988 and CASR. These actions are designed to ensure that aircraft remain airworthy and compliant with current safety regulations.

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Aviation Law
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Repeal & Amendment
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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.