CASA ADCX 010/15 - Repeal of Airworthiness Directive

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Legislation au F2015L01160 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 010/15 — Repeal of Airworthiness Directive

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), 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. Foreign State of Design ADs issued on or after 1 October 2009 are defined as ADs under regulation 39.001A of CASR 1998. When a foreign State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must accept that AD. 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This instrument repeals CASA AD/F2000/8 because the requirements of AD/F2000/8 have been superseded by CASA AD/F2000/19 issued on 23 June 2006 with an effective date of 3 August 2006.

 

Consultation

No consultation with the Australian public has taken place on the repeal of AD/F2000/8. This AD was superseded by the issue of AD/F2000/19 and its retention would have been purposeless. The repeal results in a reduction of the regulatory burden. For this reason, it is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments 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.

 

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 1998 and subsection 94 (1) of the Act.

The instrument commences on 24 July 2015.

[Instrument number CASA ADCX 010/15]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 010/15 — Repeal of Airworthiness Directive

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 has been superseded by a later CASA AD.

 

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, enacted to ensure the safety of air navigation in Australia, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for types of aircraft and aeronautical products. Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations to maintain aviation safety, and regulation 39.001 of the CASR 1998 allows CASA to issue ADs. This particular legislative instrument, CASA ADCX 010/15, was introduced to repeal CASA AD/F2000/8 due to its supersession by CASA AD/F2000/19. The repeal aims to streamline regulations and reduce the regulatory burden. The instrument was made under the authority delegated to CASA and commenced on 24 July 2015, with a Statement of Compatibility with Human Rights confirming its alignment with international human rights standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 governs the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) being the regulatory body responsible for implementing and enforcing these regulations. Specifically, the Act allows CASA to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. This instrument, CASA ADCX 010/15, pertains to the repeal of a specific AD, CASA AD/F2000/8, which has been superseded by CASA AD/F2000/19. The repeal applies to any persons, entities, or industries involved with the affected aircraft or aeronautical products, particularly those registered in Australia or subject to Australian airworthiness regulations. The instrument is applicable nationally, in line with Australia’s obligations under the Convention on International Civil Aviation. There are no exclusions, exemptions, or specific thresholds outlined in this repeal; however, CASA retains the authority to grant exclusions or approve alternative means of compliance for certain situations. The repeal of AD/F2000/8 is effective from 24 July 2015, and no further consultation or regulatory impact assessment was deemed necessary due to the superseded nature of the AD and the minimal regulatory burden it posed.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions for airworthiness directives (ADs) under regulation 39.001, which allow the Civil Aviation Safety Authority (CASA) to issue such directives for a kind of aircraft or aeronautical product. Regulation 39.001A specifies that foreign State of Design ADs issued on or after 1 October 2009 are defined as ADs under CASR 1998. CASA, as Australia's national airworthiness authority, is mandated to accept these foreign ADs, though it may grant exclusions or approve alternative means of compliance. The obligations imposed by these regulations on parties include ensuring the continuing airworthiness of aircraft and aeronautical products. CASA must accept foreign ADs unless specific exclusions or alternative compliance means are granted. The State of Registry of an individual aircraft is responsible for ensuring its continuing airworthiness, developing or adopting requirements to meet this obligation. The State of Design, on the other hand, has the responsibility of providing necessary information to ensure the continuing airworthiness of a type of aircraft. In terms of breaches and penalties, the Civil Aviation Act 1988 and CASR 1998 outline offences and consequences for non-compliance with airworthiness directives. While specific penalties are not detailed in this repeal instrument, breaches of CASR 1998 can result in significant fines and other penalties. Non-compliance with ADs can also lead to grounding of aircraft, suspension of airworthiness certificates, and other enforcement actions by CASA. These measures are designed to ensure that all aircraft and aeronautical products meet the required safety standards, thereby safeguarding the public and maintaining the integrity of the aviation system.

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Administrative Law
Civil Aviation Law
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Regulation
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Commencement Provisions
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.