CASA ADCX 008/24 - Repeal of Airworthiness Directive AD/BAe 146/65 Amdt 1

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Legislation au F2024L01448 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 008/24 - Repeal of Airworthiness Directive
AD/BAe 146/65 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.

Background

The United Kingdom Civil Aviation Authority (CAA) has issued AD G-2022-0018 which was automatically adopted by CASA under Part 39 of CASR. CAA AD G‑2022-0018 superseded the requirements of CAA AD G‑004-05-2001. CAA has subsequently issued AD G-2023-0004 which superseded the requirements of AD G‑2022-0018 and AD G-2023-0004R1 which superseded the requirements of AD G‑2023-0004. These foreign ADs apply to specified British Aerospace BAe 146 and Avro 146-RJ series aircraft.

CAA AD G‑004-05-2001 was given domestic effect in Australia by AD/BAe 146/65 Amdt 1 - Main Landing Gear Sidestay Outer Link (AD/BAe 146/65 Amdt 1).

Repeal

This instrument repeals AD/BAe 146/65 Amdt 1 (FRL reference F2006B03514) because the requirements of AD/BAe 146/65 Amdt 1 have been superseded by CAA AD G‑2022-0018 issued on 18 October 2022 with an effective date of 1 November 2022. This AD has since been superseded by CAA ADs G-2023-0004 and G-2023-0004R1.

Consultation

No public or other consultation has taken place on the repeal of AD/BAe 146/65 Amdt 1 because the requirements of AD/BAe 146/65 Amdt 1 have been superseded by CAA AD G‑2022-0018, AD G-2023-0004 and ultimately AD G-2023-0004R1 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 19 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 008/24 - Repeal of Airworthiness Directive
AD/BAe 146/65 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 as the requirements of the AD were superseded by The United Kingdom Civil Aviation Authority (CAA) AD G-2022-0018 issued on 18 October 2022 with an effective date of 1 November 2022, which has since been superseded by CAA ADs G-2023-0004 and G-2023-0004R1.

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 (CASR) were enacted to ensure the safety of civil aviation within Australia. This regulatory framework empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to address safety concerns associated with aircraft and aeronautical products. One such directive, AD/BAe 146/65 Amendment 1, specifically related to the inspection and maintenance of British Aerospace BAe 146 and Avro 146-RJ series aircraft. However, this directive has since been rendered obsolete by newer United Kingdom Civil Aviation Authority (CAA) ADs, namely G-2022-0018, G-2023-0004, and G-2023-0004R1, which supersede its requirements. In light of these developments, CASA has repealed AD/BAe 146/65 Amendment 1, ensuring that Australian aviation safety regulations remain current and aligned with international standards. The repeal was made under the authority granted by section 98 of the Civil Aviation Act 1988, and the repeal instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998, amended by CASA ADCX 008/24, address the repeal of Airworthiness Directive AD/BAe 146/65 Amendment 1, which has been superseded by more recent directives from the United Kingdom Civil Aviation Authority (CAA). This amendment applies to persons and entities responsible for the maintenance and operation of specified British Aerospace BAe 146 and Avro 146-RJ series aircraft registered in Australia. The repeal reflects the fact that the requirements originally set out in AD/BAe 146/65 Amendment 1 have been updated by subsequent CAA directives, specifically AD G-2022-0018, AD G-2023-0004, and AD G-2023-0004R1. The Civil Aviation Safety Authority (CASA) has determined that compliance with the latest UK CAA directives is necessary to maintain the continuing airworthiness of these aircraft within Australia. The geographic reach of this repeal is confined to Australian jurisdictions and aircraft registered under the Civil Aviation Safety Regulations 1998, ensuring alignment with international safety standards. There are no stated exclusions, exemptions, or thresholds in this amendment; however, CASA retains the authority to grant exclusions or approve alternative means of compliance under the Civil Aviation Act 1988. The repeal instrument is effective from 19 November 2024 and has been made under the authority delegated to CASA by the Act and the Regulations.

Key Provisions

The primary operative sections of this legislation are sections 98 and 39.001 of the Civil Aviation Act 1988 (the Act) and regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR). Section 98 of the Act empowers the Governor-General to make regulations for implementing the Convention on International Civil Aviation concerning safety. Meanwhile, section 39.001 of CASR allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for aircraft or aeronautical products. This legislation, specifically CASA ADCX 008/24, repeals AD/BAe 146/65 Amdt 1 due to its superseded status by newer United Kingdom Civil Aviation Authority (CAA) ADs. The obligations imposed by this Act require CASA to ensure that all airworthiness directives reflect the most current safety standards and compliance requirements. CASA must monitor foreign ADs, such as those issued by the CAA, and determine their applicability to Australian aircraft. If a foreign AD supersedes an existing Australian AD, CASA must either repeal the Australian AD or ensure it is aligned with the new foreign AD. This includes ensuring that the requirements of the new AD are incorporated into Australian regulatory frameworks. Any failure to comply with the updated airworthiness directives can lead to serious consequences. For instance, if an operator fails to comply with the requirements of the repealed AD/BAe 146/65 Amdt 1 after it has been superseded by newer CAA ADs, they could face enforcement actions by CASA. Such actions might include fines, suspension of the aircraft’s operating certificate, or other administrative penalties. The specific penalties would depend on the nature and severity of the non-compliance but could potentially include significant financial penalties and operational restrictions on the non-compliant aircraft. In summary, this legislative instrument repeals the Australian AD/BAe 146/65 Amdt 1 because it has been superseded by newer CAA directives. CASA's role is to ensure that Australian aviation safety standards are continuously updated to reflect the latest international requirements. Failure to comply with these updated standards can result in penalties and enforcement actions, highlighting the importance of adhering to the most current airworthiness directives.

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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.