CASA ADCX 010/18 - Repeal of Airworthiness Directive AD/A320/153 Amdt 2

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Legislation au F2018L00993 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 010/18 — Repeal of Airworthiness Directive
AD/A320/153 Amdt 2

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/A320/153 Amdt 2 because the requirements of AD/A320/153 Amdt 2 have been superseded by European Aviation Safety Agency (EASA) AD 2018-0135 issued on 26 June 2018 with an effective date of 10 July 2018.

Consultation

No public or other consultation has taken place on the repeal of AD/A320/153 Amdt 2 because the requirements of AD/A320/153 Amdt 2 have been superseded by EASA AD 2018-0135 which must now be complied with 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 10 July 2018.

[Instrument number CASA ADCX 010/18]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 010/18 — Repeal of Airworthiness Directive
AD/A320/153 Amdt 2

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 foreign State of Design AD issued by the national airworthiness authority of the State of Design of the aircraft or aeronautical product.

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 were enacted to ensure the safety of civil aviation in Australia by providing regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety. This particular instrument repeals Airworthiness Directive AD/A320/153 Amendment 2, which had been superseded by a more recent directive issued by the European Aviation Safety Agency (EASA). The instrument was made by a delegate of the Civil Aviation Safety Authority (CASA), exercising powers delegated under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The repeal became effective on 10 July 2018. The policy objective was to ensure Australian aviation safety regulations remain current and aligned with international standards, thereby maintaining the safety and airworthiness of aircraft registered in Australia.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR), as amended, apply to all aircraft registered in Australia, ensuring adherence to international safety standards. Under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) concerning the maintenance and operation of aircraft to ensure their continuing airworthiness. These regulations cover a wide range of entities, including aircraft operators, maintenance providers, and pilots, and apply nationally across Australia. While the CASR generally applies to all aircraft registered in Australia, CASA has the discretion to grant exclusions or approve alternative means of compliance under certain circumstances, ensuring flexibility in applying the regulations. The repeal of specific airworthiness directives, such as AD/A320/153 Amdt 2, occurs when they are superseded by more recent directives issued by the relevant State of Design, in this case, the European Aviation Safety Agency (EASA). This repeal reflects the international nature of aviation safety standards and ensures that Australian aviation practices align with the most current global requirements.

Key Provisions

The main operative sections of this legislation concern the repeal of Airworthiness Directive AD/A320/153 Amdt 2, which has been superseded by European Aviation Safety Agency (EASA) AD 2018-0135. Specifically, this repeal is addressed in the instrument made by a delegate of the Civil Aviation Safety Authority (CASA) under the power of delegation under subregulation 11.260(1) of the Civil Aviation Safety Regulations 1998 (CASR) and subsection 94(1) of the Civil Aviation Act 1988 (the Act) (paragraphs 1 to 4). The repeal instrument, CASA ADCX 010/18, comes into effect on 10 July 2018. The legislation repeals AD/A320/153 Amdt 2 because its requirements have been superseded by EASA AD 2018-0135, which must now be complied with as it is a Foreign State of Design AD (paragraphs 5 to 7). The obligations and requirements imposed by this Act include the continuing airworthiness responsibilities of the State of Design and the State of Registry of an aircraft. The State of Design has the overall responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry (paragraph 8). The State of Registry, in this case Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. This includes complying with Foreign State of Design ADs, such as EASA AD 2018-0135, which apply to aircraft on the Australian Register (paragraphs 9 to 11). CASA may grant an exclusion from such ADs or approve an acceptable means of compliance other than that set out in the AD (paragraph 12). There are no specified offences, penalties, or civil/criminal consequences for breach of this legislation. However, non-compliance with airworthiness directives can result in serious safety risks and potential enforcement actions by CASA, which may include fines, suspension, or revocation of an aircraft’s certificate of airworthiness (implied from paragraphs 13 to 15). CASA has the authority to take these actions under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The maximum penalties for such breaches are not explicitly stated in this repeal instrument but can be found in the relevant sections of the Act and CASR.

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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.