CASA ADCX 010/20 - Repeal of Airworthiness Directives AD/AMD 10/27, AD/AMD 50/46 and AD/F2000/31

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Legislation au F2020L01298 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 010/20 — Repeal of Airworthiness Directives
AD/AMD 10/27, AD/AMD 50/46 and AD/F2000/31

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 ADs AD/AMD 10/27, AD/AMD 50/46 and AD/F2000/31 because the requirements of EASA AD 2008-0072 which were mandated by CASA ADs AD/AMD 10/27, AD/AMD 50/46 and AD/F2000/31 have been rescinded by EASA AD cancellation notice 2008-0072-CN issued on 5 October 2020 with an effective date of 5 October 2020.


Consultation

No public or other consultation has taken place on the repeal of AD/AMD 10/27, AD/AMD 50/46 and AD/F2000/31 because the requirements of EASA AD 2008‑0072 which were mandated by CASA ADs AD/AMD 10/27, AD/AMD 50/46 and AD/F2000/31 have been rescinded by EASA AD cancellation notice 2008-0072-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 16 October 2020.

[Instrument number CASA ADCX 010/20]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 010/20 — Repeal of Airworthiness Directives
AD/AMD 10/27, AD/AMD 50/46 and AD/F2000/31

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 three Civil Aviation Safety Authority (CASA) airworthiness directives (ADs) that are no longer required.

These 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 were enacted to ensure the safety of civil aviation operations in Australia, aligning with the Convention on International Civil Aviation. This legislation was introduced to address the need for comprehensive safety regulations in the aviation industry, ensuring that both domestic and international standards are met to protect passengers and crew. The Civil Aviation Safety Authority (CASA), operating under the authority of the Civil Aviation Act 1988, is responsible for making regulations to enforce these safety standards. The policy objective is to maintain and enhance the safety of civil aviation through effective regulation and oversight, ensuring that all aircraft and aeronautical products meet stringent safety criteria. By repealing specific airworthiness directives that are no longer necessary, CASA aims to streamline regulations while maintaining high safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) apply to all persons and entities involved in civil aviation activities within Australia, including aircraft operators, manufacturers, maintenance organisations, and pilots. The geographic and jurisdictional reach of these regulations is national, encompassing all states and territories of Australia. The Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives (ADs) under regulation 39.001 of the CASR, which apply to types of aircraft or aeronautical products unless they are specifically expressed to apply to a particular person, aircraft, or product. The repeal of specific ADs, such as AD/AMD 10/27, AD/AMD 50/46, and AD/F2000/31, as outlined in CASA ADCX 010/20, is made under the authority granted by the Civil Aviation Act 1988 and the Acts Interpretation Act 1901, which allow for the amendment, repeal, or variation of legislative instruments. The repeal of these ADs was due to the corresponding European Union Aviation Safety Agency (EASA) AD 2008-0072 being rescinded, thus making the Australian mandates unnecessary. No consultation or Regulation Impact Statement was deemed necessary as the changes were a direct response to international regulatory alignment. The instrument was made under the delegation authority provided by CASA and commenced on 16 October 2020.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) provide the framework for issuing airworthiness directives (ADs) in Australia, as outlined in section 39.001. These ADs are legislative instruments that pertain to the continuing airworthiness of aircraft and aeronautical products, and they are issued by the Civil Aviation Safety Authority (CASA). ADs are critical for ensuring safety and compliance with international civil aviation standards, particularly under Annex 8 of the Convention on International Civil Aviation. The regulations allow CASA to issue ADs for specific aircraft types or aeronautical products, and these directives apply to all aircraft registered in Australia, including those subject to Foreign State of Design ADs issued after 1 October 2009 (CASR 39.001A). CASA also has the authority to grant exclusions or approve alternative means of compliance (CASR 39.001). The obligations imposed by these ADs require aircraft operators and owners to comply with the specified safety measures, which may include mandatory inspections, repairs, or modifications to ensure the aircraft remains airworthy. CASA is responsible for monitoring compliance and can enforce these directives through various means, including audits, inspections, and issuing penalties for non-compliance. Operators must maintain records of compliance and report any issues or actions taken in accordance with the ADs. Failure to comply with an AD can result in serious safety risks, including potential grounding of the aircraft or legal action. The Civil Aviation Safety Regulations 1998 also stipulate penalties for non-compliance with ADs. Under section 39.006 of the CASR, a person who contravenes an AD commits an offence and may be subject to civil penalties, including fines up to $102,600 for individuals and $513,000 for corporations. Additionally, CASA can take enforcement actions, such as issuing a direction to correct the non-compliance or, in severe cases, grounding the aircraft. In the event of an accident or incident caused by non-compliance with an AD, the operator may also face criminal charges, which can result in imprisonment and further fines. Therefore, strict adherence to these directives is paramount to maintaining safety standards in civil aviation.

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Environmental Law
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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.