CASA ADCX 009/21 - Repeal of Airworthiness Directive AD/ECUREUIL/114

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Legislation au F2021L01424 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 009/21 - Repeal of Airworthiness Directive
CASA AD/ECUREUIL/114 - Tail Rotor Drive Shaft

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/ECUREUIL/114 - Tail Rotor Drive Shaft (AD/ECUREUIL/114), which applies to Airbus Helicopters AS 350 and EC 130 series helicopters, because the requirements of AD/ECUREUIL/114 are superseded by European Aviation Safety Agency (EASA) AD 2021-0194R1 issued on 8 October 2021 with an effective date of 15 October 2021.

Consultation

No public or other consultation has taken place on the repeal of AD/ECUREUIL/114 because the requirements of AD/ECUREUIL/114 have been superseded by EASA AD 2021-0194R1 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.

 

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 15 October 2021.

[Instrument number CASA ADCX 009/21]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 009/21 - Repeal of Airworthiness Directive AD/ECUREUIL/114 - Tail Rotor Drive Shaft

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 (CASR) were enacted to ensure the safety of civil aviation operations, particularly in relation to the airworthiness of aircraft. This legislation was introduced to address the need for consistent and enforceable standards in the aviation industry, aligning with the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is the body responsible for issuing airworthiness directives (ADs) under regulation 39.001 of the CASR. The overarching policy objective is to maintain the highest possible safety standards in civil aviation, as mandated by the Civil Aviation Act 1988. The specific legislative instrument CASA ADCX 009/21, which repeals the airworthiness directive AD/ECUREUIL/114, was introduced due to the supersession of the directive by a newer European Aviation Safety Agency directive. This repeal ensures that Australian aviation safety standards remain up-to-date with international best practices, thereby continuing to safeguard the safety and integrity of civil aviation operations within Australia.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 009/21, govern the airworthiness of aircraft and aeronautical products within Australia. This specific amendment pertains to the repeal of Airworthiness Directive CASA AD/ECUREUIL/114, which was previously applicable to Airbus Helicopters AS 350 and EC 130 series helicopters. The repeal is effective from 15 October 2021 and is due to the directive being superseded by the European Aviation Safety Agency (EASA) AD 2021-0194R1, which mandates compliance from its effective date. The Civil Aviation Safety Authority (CASA) has determined that no consultation is necessary under section 17 of the Legislation Act 2003, as the new directive from EASA has rendered the previous Australian directive obsolete. This legislative change applies to all aircraft registered in Australia that fall under the previously specified Airbus Helicopters models and their operators, ensuring alignment with international safety standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) contain key provisions related to airworthiness directives (ADs) that are critical for maintaining the safety of aircraft. Section 39.001 of CASR empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. This is aligned with the Civil Aviation Act 1988 (the Act), which under section 98, allows the Governor-General to make regulations to ensure safety in civil aviation. Section 98(5B) and (5BA) of the Act also specify that ADs are legislative instruments unless they apply to a particular person, aircraft, or aeronautical product. The repeal of AD/ECUREUIL/114, as detailed in CASA ADCX 009/21, reflects the continuous evolution of safety standards, ensuring they remain current and effective. Under the Civil Aviation Safety Regulations 1998, the obligations on the parties or entities governed by ADs are stringent. CASA is responsible for issuing ADs that mandate specific safety measures for aircraft and aeronautical products, ensuring compliance with international standards. Operators and owners of aircraft must adhere to these directives, which include regular inspections, maintenance, and rectifications as specified. CASA can also approve alternative means of compliance if the prescribed methods are deemed unsuitable. The State of Registry holds the responsibility for the continuing airworthiness of individual aircraft, ensuring they meet all regulatory requirements set forth by ADs and other relevant regulations. Failure to comply with ADs can result in severe consequences, both civil and criminal. Under CASR, non-compliance with an AD can lead to enforcement actions by CASA, which may include fines, suspension or revocation of aircraft certificates, or other administrative penalties. The maximum penalty for breaching an AD can be substantial, reflecting the critical nature of airworthiness standards. Additionally, criminal penalties may apply if the breach results in serious harm or death, highlighting the serious nature of safety violations in civil aviation. The Civil Aviation Act 1988 provides the legal framework for these penalties, ensuring that safety standards are rigorously enforced to protect public safety.

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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.