CASA ADCX 007/21 - Repeal of Airworthiness Directive AD/BAL/9 Amdt 1

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Legislation au F2021L01278 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 007/21 — Repeal of Airworthiness Directive
AD/BAL/9 Amdt 1

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.

Repeal

This instrument repeals AD/BAL/9 Amdt 1 - Instruments in Thermal Airships (AD/BAL/9 Amdt 1), which applies to all models of thermal airships, because the requirements of AD/BAL/9 Amdt 1 are now contained in Civil Aviation Order (CAO) 100.5 which commenced on 18 October 2018.

Consultation

No public or other consultation has taken place on the repeal of AD/BAL/9 Amdt 1 because the requirements of AD/BAL/9 Amdt 1 have been superseded by CAO 100.5, which must be complied with from its commencement date. 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 24 September 2021.

[Instrument number CASA ADCX 007/21]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 007/21 — Repeal of Airworthiness Directive
AD/BAL/9 Amdt 1

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.

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, amended by CASA ADCX 007/21, address the need to update and streamline airworthiness directives concerning thermal airships. The Civil Aviation Act 1988 empowers the Governor-General to enact regulations that align with international civil aviation safety standards. Specifically, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The objective of CASA ADCX 007/21 is to repeal Airworthiness Directive AD/BAL/9 Amendment 1, which previously applied to thermal airships, as its requirements are now incorporated into Civil Aviation Order 100.5. This repeal reflects CASA's commitment to maintaining up-to-date and relevant safety standards, ensuring that the regulations are both comprehensive and reflective of current practices and technologies.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, under the Civil Aviation Act 1988. This Act applies to all persons, entities, and industries involved in the aviation sector in Australia, including aircraft operators, manufacturers, and maintenance providers. The geographic scope of this legislation is national, as it pertains to all aircraft registered in Australia, regardless of the location of their operation. The ADs issued under this Act are designed to ensure the continuing airworthiness of aircraft, in accordance with the Convention on International Civil Aviation. The ADs may be extended or restricted through subordinate instruments, allowing CASA to adapt to new safety concerns or technological advancements. The repeal of AD/BAL/9 Amdt 1, as outlined in CASA ADCX 007/21, is an example of such adaptation, as it has been superseded by Civil Aviation Order (CAO) 100.5. The repeal of this specific AD highlights the dynamic nature of the regulatory framework, ensuring that it remains current and effective in maintaining safety standards.

Key Provisions

The key provisions of this legislation involve the repeal of Airworthiness Directive AD/BAL/9 Amendment 1, which previously applied to all models of thermal airships (CASA ADCX 007/21). This repeal occurs because the requirements previously stipulated in AD/BAL/9 Amdt 1 have now been incorporated into Civil Aviation Order (CAO) 100.5, which commenced on 18 October 2018 (section 1). The Civil Aviation Safety Authority (CASA) has determined that there is no need for public consultation regarding this repeal as the requirements have already been superseded by CAO 100.5, and it is deemed unnecessary under section 17 of the Legislation Act 2003. Furthermore, a Regulation Impact Statement is not required for this repeal, as per a standing agreement between CASA and the Office of Best Practice Regulation (section 1). The Civil Aviation Safety Regulations 1998 (CASR) impose certain obligations on CASA and the parties governed by the regulations. According to regulation 39.001, CASA has the authority to issue airworthiness directives for a type of aircraft or aeronautical product. Regulation 39.001A defines an airworthiness directive to include foreign State of Design ADs issued on or after 1 October 2009. Therefore, 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 (section 1). Failure to comply with the provisions of the Civil Aviation Safety Regulations 1998 or the repealed airworthiness directive may result in civil or criminal penalties. While specific penalties are not detailed in the explanatory statement, violations of aviation safety regulations can lead to significant consequences, including fines, imprisonment, and potential grounding of aircraft. The exact penalties depend on the severity of the breach and are determined by the relevant courts and authorities (section 1). Additionally, CASA has the authority to take enforcement actions against individuals or entities that fail to comply with the regulations, further underscoring the importance of adherence to aviation safety standards.

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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.