CASA ADCX 008/21 - Repeal of Airworthiness Directive AD/EC 120/14 Amdt 1

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Legislation au F2021L01353 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 008/21 - Repeal of Airworthiness Directive
AD/EC 120/14 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/EC 120/14 Amdt 1 - Tail Rotor Driveshaft - Rear Driveshaft Friction Ring (AD/EC 120/14 Amdt 1), which applies to Airbus Helicopters EC 120 series helicopters, because the requirements of AD/EC 120/14 Amdt 1 are superseded by European Aviation Safety Agency (EASA) AD cancellation 2007-0211-CN issued on 23 September 2021 with an effective date of 23 September 2021.

Consultation

No public or other consultation has taken place on the repeal of AD/EC 120/14 Amdt 1 because the requirements of AD/EC 120/14 Amdt 1 have been superseded by EASA AD cancellation 2007-0211-CN. 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 1 October 2021.

[Instrument number CASA ADCX 008/21]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 008/21 - Repeal of Airworthiness Directive
AD/EC 120/14 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, as amended, were enacted to ensure the safety of civil aviation in Australia, in line with international standards set by the Convention on International Civil Aviation. This legislation empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the airworthiness of aircraft. The Civil Aviation Act 1988 allows CASA to repeal an AD when its requirements are superseded by new regulations or directives from other jurisdictions. The repeal of Airworthiness Directive AD/EC 120/14 Amendment 1, concerning Airbus Helicopters EC 120 series helicopters, is a reflection of this dynamic regulatory environment. CASA, exercising its legislative powers under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, determined that the AD was no longer necessary following the European Aviation Safety Agency's cancellation of a related directive, leading to the repeal of AD/EC 120/14 Amdt 1. This action was taken without public consultation as it was deemed unnecessary given the superseding directive.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, govern the regulation of civil aviation safety in Australia, and apply to aircraft, aeronautical products, and related activities within the jurisdiction of the Commonwealth. Under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. ADs apply to aircraft and aeronautical products unless they are expressed to apply to a particular person, aircraft, or product. This specific legislative instrument repeals AD/EC 120/14 Amdt 1, which was related to the Airbus Helicopters EC 120 series helicopters. The repeal is due to the requirements of AD/EC 120/14 Amdt 1 being superseded by a European Aviation Safety Agency (EASA) AD cancellation. The repeal does not require consultation or a Regulation Impact Statement as the superseded directive no longer holds relevance. The instrument is compatible with human rights as it does not engage any applicable rights or freedoms. This repeal highlights CASA's role in ensuring the currency and relevance of airworthiness directives in line with international standards and practices.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) under the Civil Aviation Act 1988 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (section 39.001). The repealed AD/EC 120/14 Amdt 1, which was focused on the Airbus Helicopters EC 120 series helicopters, is no longer required due to the issuance of the European Aviation Safety Agency (EASA) AD cancellation 2007-0211-CN on 23 September 2021. This repeal was made under the authority provided in subsection 33(3) of the Acts Interpretation Act 1901, which allows for the repeal, rescind, or amendment of legislative instruments. Entities and individuals governed by these regulations now face a revised set of requirements as the AD/EC 120/14 Amdt 1 has been repealed. This means that the specific inspection and maintenance requirements outlined in the repealed AD no longer apply to the Airbus Helicopters EC 120 series helicopters on the Australian Register. Instead, they must comply with the EASA AD cancellation 2007-0211-CN. The State of Registry is still responsible for ensuring the continuing airworthiness of aircraft under Annex 8 of the Convention on International Civil Aviation, and thus must adapt to any changes in the regulatory requirements. There are no specific offences, penalties, or civil/criminal consequences mentioned for the breach of this repealed AD in the text provided. However, failure to comply with any AD in effect, including those that have been superseded or repealed, could potentially lead to enforcement actions by CASA under other relevant sections of CASR or the Civil Aviation Act 1988. The exact consequences would depend on the specific circumstances and the nature of the non-compliance.

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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.