CASA ADCX 009/19 - Repeal of Airworthiness Directives AD/DO 328/5, AD/DO 328/37, AD/DO 328/67 and AD/DO 328/70

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Legislation au F2019L01429 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 009/19 — Repeal of Airworthiness Directives AD/DO 328/5, AD/DO 328/37, AD/DO 328/67 and AD/DO 328/70

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/DO 328/5, AD/DO 328/37 and AD/DO 328/70 because the requirements of AD/DO 328/5, AD/DO 328/37 and AD/DO 328/70 have been superseded by European Aviation Safety Agency (EASA) AD 2019-0270 issued on 30 October 2019 with an effective date of 13 November 2019.

This instrument also repeals AD/DO 328/67 because the requirements of AD/DO 328/67 have been superseded by EASA AD 2006-0197-CN issued on 30 October 2019 with an effective date of 13 November 2019.

 

Consultation

No public or other consultation has taken place on the repeal of AD/DO 328/5, AD/DO 328/37, and AD/DO 328/70 have been superseded by EASA ADs 2019‑0270, which must now be complied with because it is a Foreign State of Design AD or AD/DO 328/67 which has been superseded by EASA AD 2006-0197-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 13 November 2019.

[Instrument number CASA ADCX 009/19]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 009/19 — Repeal of Airworthiness Directives AD/DO 328/5, AD/DO 328/37, AD/DO 328/67 and AD/DO 328/70

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 four airworthiness directives (ADs) that have been superseded by two foreign State of Design ADs issued by the national airworthiness authority of the State of Design of the aircraft or aeronautical product.

This ADs relate 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 in Australia, aligning with the provisions of the Convention on International Civil Aviation and other international standards. This regulation empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products. The repeal of certain ADs, as outlined in CASA ADCX 009/19, was necessary to address outdated or superseded requirements, ensuring that the most current and effective safety standards are applied. This repeal was executed under the authority conferred by the Civil Aviation Act 1988 and the Acts Interpretation Act 1901, facilitating the alignment with the latest international safety directives issued by the European Aviation Safety Agency (EASA). The instrument was made by a delegate of CASA and came into effect on 13 November 2019, thereby updating the regulatory framework to reflect the latest international safety standards without requiring additional consultation or a Regulation Impact Statement, as deemed appropriate under the existing agreements and legislative provisions.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 009/19, apply to all entities and persons involved in the operation, maintenance, and airworthiness of aircraft within Australia. This includes aircraft operators, maintenance organisations, and pilots, as well as manufacturers and suppliers of aeronautical products. The regulations are designed to ensure the safety of civil aviation in Australia and align with international standards set by the Convention on International Civil Aviation. Geographically, these regulations apply across the Commonwealth of Australia, affecting all aircraft registered in Australia and those operating within Australian airspace. The regulations provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) to maintain airworthiness, which include directives from foreign States of Design. This legislative instrument specifically repeals four previous ADs, AD/DO 328/5, AD/DO 328/37, AD/DO 328/67, and AD/DO 328/70, as they have been superseded by more recent European Aviation Safety Agency (EASA) directives. The repeal is effective from 13 November 2019, aligning Australian regulations with the updated international standards. The instrument does not specify any exclusions or exemptions from its application, meaning all affected entities must comply with the new directives. The repeal was implemented without public consultation due to the direct alignment with newer, more comprehensive EASA directives, and no Regulation Impact Statement was required as per the standing agreement between CASA and the Office of Best Practice Regulation.

Key Provisions

This legislative instrument, CASA ADCX 009/19, focuses on the repeal of specific airworthiness directives (ADs) concerning certain aircraft or aeronautical products. The repealed ADs, AD/DO 328/5, AD/DO 328/37, AD/DO 328/67, and AD/DO 328/70, have been superseded by more recent directives issued by the European Aviation Safety Agency (EASA). AD/DO 328/5, AD/DO 328/37, and AD/DO 328/70 have been replaced by EASA AD 2019-0270, while AD/DO 328/67 has been replaced by EASA AD 2006-0197-CN. These new directives have an effective date of 13 November 2019, which is the same commencement date for the repeal instrument. The obligations under the Civil Aviation Safety Regulations 1998 (CASR) for entities governed by these ADs now shift to the new EASA directives. These obligations include ensuring that aircraft and aeronautical products comply with the latest safety standards and requirements as outlined in the new EASA ADs. The Civil Aviation Safety Authority (CASA) retains the authority to issue ADs under regulation 39.001 of the CASR, and the repealed ADs are no longer applicable to aircraft registered in Australia. Consequently, operators and maintainers must now adhere to the updated requirements specified in the new EASA directives. Failure to comply with the updated ADs can result in civil or criminal consequences. Under section 44 of the Civil Aviation Act 1988, an operator who contravenes a regulation or an AD commits an offence and is liable to a penalty. The maximum penalty for an individual can be up to $22,200 or imprisonment for up to six months, or both, as stipulated in section 45 of the Act. Corporate entities face higher penalties, potentially reaching up to $1,110,000. CASA can also issue enforcement actions or take other regulatory measures against non-compliant operators, which can include grounding aircraft until compliance is achieved.

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Civil Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
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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.