CASA ADCX 007/19 - Repeal of Airworthiness Directive AD/B737/248

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Legislation au F2019L01177 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 007/19 — Repeal of Airworthiness Directive AD/B737/248

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/B737/248 because the requirements of AD/B737/248 have been superseded by United States of America Federal Aviation Administration (FAA) AD 2019-16-12 issued on 15 August 2019 with an effective date of 9 October 2019.

Consultation

No public or other consultation has taken place on the repeal of AD/B737/248 because the requirements of AD/B737/248 have been superseded by FAA AD 2019‑16-12, 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 9 October 2019.

[Instrument number CASA ADCX 007/19]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 007/19 — Repeal of Airworthiness Directive AD/B737/248

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, enacted under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products. The authority to make these regulations stems from Australia's obligations under the Convention on International Civil Aviation, particularly concerning safety. The Civil Aviation Safety Regulations 1998 provide CASA with the power to issue ADs for aircraft types registered in Australia, including those issued by foreign States of Design. This legislative framework was established to address the need for comprehensive and internationally consistent airworthiness standards to ensure the safety of aircraft operations. The objective is to maintain and enhance the safety of civil aviation by ensuring that all aircraft meet specified airworthiness standards.

Scope and Application

The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, applies to all aircraft registered in Australia and their operations within Australia and internationally, ensuring compliance with international safety standards. The Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) that must be adhered to by aircraft operators and owners, impacting the aviation industry broadly. ADs are legislative instruments that govern the maintenance and inspection requirements of aircraft to ensure their continuing airworthiness, with CASA having the discretion to grant exclusions or alternative means of compliance. The repeal of Airworthiness Directive AD/B737/248 under CASA ADCX 007/19 signifies the alignment with a more recent United States Federal Aviation Administration directive, reflecting the international nature of airworthiness standards. This repeal does not require consultation or a Regulation Impact Statement as the superseded directive's requirements are now encompassed in the newer FAA directive. The repeal instrument was made by a delegate of CASA, effective from the date the new FAA directive took effect, ensuring a seamless transition in compliance requirements.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) are being amended by this legislative instrument to repeal Airworthiness Directive AD/B737/248 (section 1). This repeal is effective from 9 October 2019, which aligns with the effective date of the superseding United States of America Federal Aviation Administration (FAA) AD 2019-16-12. AD/B737/248 previously required certain inspections and maintenance actions for specified aircraft, but these requirements have now been superseded by the newer FAA directive. The Civil Aviation Act 1988 mandates that the Civil Aviation Safety Authority (CASA) may issue airworthiness directives under regulation 39.001 of the CASR (section 39.001). This power includes the ability to issue directives that apply to specific aircraft or aeronautical products, unless they are expressed to apply to a particular person, aircraft, or product. Furthermore, under sections 98(5B) and (5BA) of the Act, airworthiness directives are considered legislative instruments unless they apply to specific individuals, aircraft, or products. The repealing of AD/B737/248 is done under these provisions, ensuring compliance with international standards and the continued safety of aircraft. The obligations under the CASR now require adherence to FAA AD 2019-16-12, which has effectively replaced AD/B737/248. Operators and owners of affected aircraft must comply with the new directive, which may include additional or different inspection and maintenance requirements. CASA retains the authority to grant exclusions from, or approve alternative means of compliance with, airworthiness directives as necessary. The Act includes provisions for penalties and consequences for non-compliance with airworthiness directives. Offences under the CASR can lead to substantial penalties. For instance, the Civil Aviation (Adjudication) Regulations 2009 set out various penalties, including fines up to 300 penalty units ($54,900 as of 2023) for non-compliance with airworthiness directives. Additionally, continued operation of an aircraft that does not meet airworthiness standards can result in further civil or criminal consequences, including potential prosecution under the Civil Aviation Act 1988, which can lead to fines and imprisonment.

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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.