CASA ADCX 010/21 - Repeal of Airworthiness Directive AD/B737/241

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Legislation au F2021L01711 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 010/21 - Repeal of Airworthiness Directive
CASA AD/B737/241 – Aft Pressure Bulkhead Webs

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/B737/241 – Aft Pressure Bulkhead Webs (AD/B737/241), which applies to Boeing 737 series aircraft, because the requirements of AD/B737/241 are superseded by United States of America Federal Aviation Administration (FAA) AD 2021-21-09 issued on 8 October 2021 with an effective date of 13 December 2021.

Consultation

No public or other consultation has taken place on the repeal of AD/B737/241 because the requirements of AD/B737/241 have been superseded by FAA AD 2021‑21-09 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 13 December 2021.

[Instrument number CASA ADCX 010/21]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 010/21 - Repeal of Airworthiness Directive
CASA AD/B737/241 – Aft Pressure Bulkhead Webs

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, amended by F2021L01711, were enacted to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international safety standards. This particular amendment addresses the redundancy of Airworthiness Directive CASA AD/B737/241 – Aft Pressure Bulkhead Webs, which was superseded by the United States Federal Aviation Administration's AD 2021-21-09. The Civil Aviation Safety Authority (CASA) exercised its authority under section 98 of the Civil Aviation Act 1988 to make these regulations, ensuring that Australian aircraft comply with the latest international safety standards. The repeal was executed without consultation as the requirements of the previous AD were effectively superseded by the newer FAA directive. The legislative instrument was made by a delegate of CASA under the powers conferred by the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988, and it commenced on 13 December 2021.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) provide the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft, as per section 98 of the Civil Aviation Act 1988. The Act applies to aircraft registered in Australia and to entities involved in the operation, maintenance, and manufacture of these aircraft. The ADs can also extend to foreign States of Design, which must provide necessary information to ensure the airworthiness of aircraft types. The scope of the CASR is national, as Australia adheres to the Convention on International Civil Aviation. The repealed AD/B737/241, which pertained to Boeing 737 series aircraft, has been superseded by a more recent United States Federal Aviation Administration AD, hence the repeal. This repeal is effective from 13 December 2021 and does not require consultation as the new AD is deemed sufficient. The CASR allows for the repeal, amendment, or variation of ADs through subordinate instruments, ensuring the regulatory framework remains current and effective.

Key Provisions

The main sections of the Civil Aviation Safety Regulations 1998 (CASR) relevant to this legislative instrument include section 98, which provides the authority for the Governor-General to 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. Regulation 39.001 of CASR allows the Civil Aviation Safety Authority (CASA) to issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Furthermore, subsections 98(5B) and (5BA) of the Civil Aviation Act 1988 (the Act) establish that an AD is a legislative instrument unless it applies to a particular person, a particular aircraft, or a particular aeronautical product. The instrument repeals AD/B737/241, which previously applied to Boeing 737 series aircraft, due to its requirements being superseded by United States of America Federal Aviation Administration (FAA) AD 2021-21-09. The Civil Aviation Safety Regulations 1998 impose certain obligations on parties and entities governed by the Act. These obligations include adherence to ADs issued by the State of Registry or, in the case of foreign State of Design ADs, compliance with the AD or any approved alternative means of compliance. Furthermore, the State of Design has overall responsibility for the 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. Additionally, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. No specific offences, penalties, or civil/criminal consequences are outlined in this instrument. However, it is important to note that failure to comply with an AD or an approved alternative means of compliance may result in enforcement actions by CASA, potentially leading to civil or criminal consequences under the Civil Aviation Act 1988 or other relevant legislation. The maximum penalties for such breaches can vary depending on the specific offence and jurisdiction. As ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation, a Regulation Impact Statement is not required for this repeal. Moreover, a Statement of Compatibility with Human Rights is provided, confirming that the legislative instrument does not engage any of the applicable rights or freedoms.

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Area of Law
Aviation Law
Instrument
Regulation
Concepts
Repeal & Amendment
Regulatory Standards
Compliance Obligations

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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.