CASA ADCX 007/24 - Repeal of Airworthiness Directive AD/B737/352

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2024L01305 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 007/24 - Repeal of Airworthiness Directive
AD/B737/352 - Air Conditioning Outlet Extrusion Support Brackets

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
2024‑18-07 which is automatically adopted by CASA under Part 39 of CASR. FAA AD
2024-18-07 supersedes the requirements of FAA AD 2009-01-02. These foreign ADs apply to specified Boeing 737 series aircraft.

FAA AD 2009-01-02 was given domestic effect in Australia by AD/B737/352 - Air Conditioning Outlet Extrusion Support Brackets (AD/B737/352).

Repeal

This instrument repeals AD/B737/352 because the requirements of AD/B737/352 have been cancelled by FAA AD 2024-18-07 issued on 6 September 2024 with an effective date of
12 November 2024.

Consultation

No public or other consultation has taken place on the repeal of AD/B737/352 because the requirements of AD/B737/352 have been cancelled by FAA AD 2024-18-07, 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 12 November 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 007/24 - Repeal of Airworthiness Directive
AD/B737/352 - Air Conditioning Outlet Extrusion Support Brackets

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 2024‑18-07 issued on 6 September 2024 with an effective date of 12 November 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, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Act 1988 provides the legislative framework that empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products, ensuring that these meet the necessary safety standards. This particular legislative instrument, CASA ADCX 007/24, addresses the need to repeal the Airworthiness Directive AD/B737/352 which pertains to air conditioning outlet extrusion support brackets on specified Boeing 737 series aircraft. The repeal is necessary because the directive has been superseded by a newer FAA directive, AD 2024-18-07, which becomes effective on 12 November 2024. The legislative instrument has been made under the authority granted to CASA by the Civil Aviation Safety Regulations 1998, and it aims to maintain the alignment of Australian aviation safety standards with international requirements.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, apply to all aviation entities operating within Australia, including aircraft operators, manufacturers, maintenance organisations, and other stakeholders involved in civil aviation. The regulations are designed to ensure the safety of aircraft and aeronautical products, in accordance with international standards and the Civil Aviation Act 1988. This particular legislative instrument, CASA ADCX 007/24, specifically pertains to the repeal of Airworthiness Directive AD/B737/352, which was related to air conditioning outlet extrusion support brackets on specified Boeing 737 series aircraft. This repeal is due to the issuance of a new FAA AD 2024-18-07, which supersedes the older directive. The repeal of AD/B737/352 is effective from 12 November 2024, aligning with the new FAA requirements. The instrument is applicable nationally and is made under the authority conferred by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Subordinate instruments may further detail the application and compliance requirements, but the primary legislation here focuses on repealing the specified airworthiness directive.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products (regulation 39.001). These ADs are integral to maintaining safety standards and are adopted from international standards as set out in Annex 8 of the Convention on International Civil Aviation. In this instance, CASA has issued a legislative instrument (F2024L01305) to repeal AD/B737/352, which previously required specific inspections and maintenance actions for certain Boeing 737 series aircraft. This repeal is due to the issuance of a new FAA AD 2024-18-07, which renders AD/B737/352 redundant (subsection 33(3) of the Acts Interpretation Act 1901). The obligations and requirements imposed by this legislative instrument pertain to the entities and parties involved in the maintenance and operation of Boeing 737 series aircraft registered in Australia. Operators of these aircraft must ensure compliance with the new FAA AD 2024-18-07, which takes effect on 12 November 2024. This includes adherence to the updated inspection and maintenance procedures outlined in the FAA directive. CASA retains the authority to grant exclusions from ADs or approve alternative means of compliance under regulation 39.001A of the CASR. The repeal of AD/B737/352 eliminates the previous specific requirements for air conditioning outlet extrusion support brackets, shifting the compliance burden to the new FAA directive. Failure to comply with the airworthiness directives or the updated FAA AD 2024-18-07 can result in significant legal and safety consequences. CASA has the authority to enforce compliance through various means, including the imposition of fines and other penalties. Under the Civil Aviation Act 1988, serious non-compliance can lead to criminal charges, with potential penalties including substantial fines and imprisonment. The exact penalties depend on the severity of the breach and the specific provisions of the Act and the CASR. The legislative instrument also includes a statement of compatibility with human rights, confirming that the repeal of AD/B737/352 does not engage any applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. This ensures that the changes to the airworthiness directive do not infringe upon any recognised human rights. The instrument has been made under the delegation powers granted to CASA and will come into effect on 12 November 2024, ensuring a smooth transition to the new safety requirements.

Legal classification tags

Area of Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
Offence Provisions

Interactions

Authorises

All Versions

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.