CASA ADCX 011/15 - Repeal of Airworthiness Directives

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Legislation au F2015L01169 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 011/15 — Repeal of Airworthiness Directives

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 8 ADs for the following reason.

This instrument repeals AD/BEECH 33/32 Amdt 2, AD/BEECH 35/59 Amdt 2, AD/BEECH 36/31 Amdt 2, AD/BEECH 55/69 Amdt 2, AD/BEECH 56/27 Amdt 2, AD/BEECH 60/40 Amdt 2, AD/BEECH 65/62 Amdt 3 and AD/BEECH 90/78 Amdt 2 because the requirements of these ADs have been superseded by the aircraft manufacturer’s Instructions for Continuing Airworthiness (ICAs). In addition to this, the Aircraft Maintenance Manual for each of the relevant aircraft models prohibits towing with the rudder pedals locked. This practice is a suspected cause of the premature cracking which was the subject of each of the repealed AD's.

 

Consultation

No consultation with the Australian public has taken place on the repeal of ADs AD/BEECH 33/32 Amdt 2, AD/BEECH 35/59 Amdt 2, AD/BEECH 36/31 Amdt 2, AD/BEECH 55/69 Amdt 2, AD/BEECH 56/27 Amdt 2, AD/BEECH 60/40 Amdt 2, AD/BEECH 65/62 Amdt 3 and AD/BEECH 90/78 Amdt 2 as the requirements of these ADs have been superseded by the aircraft manufacturer’s Instructions for Continuing Airworthiness (ICAs) and retention of these ADs would have been purposeless. The repeals result 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 25 July 2015.

[Instrument number CASA ADCX 011/15]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 011/15 — Repeal of Airworthiness Directives

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 CASA ADs AD/BEECH 33/32 Amdt 2, AD/BEECH 35/59 Amdt 2, AD/BEECH 36/31 Amdt 2, AD/BEECH 55/69 Amdt 2, AD/BEECH 56/27 Amdt 2, AD/BEECH 60/40 Amdt 2, AD/BEECH 65/62 Amdt 3 and AD/BEECH 90/78 Amdt 2 as the requirements of these ADs have been superseded by the aircraft manufacturer’s Instructions for Continuing Airworthiness (ICAs).

 

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 air navigation in Australia, pursuant to the Civil Aviation Act 1988. The regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products, ensuring compliance with international standards. This legislative instrument, CASA ADCX 011/15, was introduced to repeal specific ADs for Beechcraft aircraft, as their requirements have been superseded by the aircraft manufacturer’s Instructions for Continuing Airworthiness (ICAs), which now prohibit towing with the rudder pedals locked, a practice identified as a cause of premature cracking addressed by the repealed ADs. The repeal aims to reduce the regulatory burden and streamline compliance without compromising safety. The instrument was made by CASA under delegated authority and commenced on 25 July 2015, with no consultation deemed necessary due to the redundancy of the ADs.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 011/15, apply to aircraft and aeronautical products within Australia's jurisdiction, specifically focusing on the safety of air navigation as outlined under the Civil Aviation Act 1988. These regulations are particularly relevant to the Civil Aviation Safety Authority (CASA), which has the authority to issue airworthiness directives (ADs) concerning the continuing airworthiness of aircraft and aeronautical products. The repealed airworthiness directives in this instrument relate to specific Beechcraft aircraft models, and their repeal is justified as the requirements have been superseded by the aircraft manufacturer's Instructions for Continuing Airworthiness (ICAs). This repeal reduces the regulatory burden without any consultation as deemed unnecessary due to the supersession of the ADs by the ICAs. The instrument, made under the delegation powers vested in CASA, commenced on 25 July 2015. It is important to note that this repeal does not extend to ADs issued by other states or jurisdictions, and any further amendments or regulations will be subject to the conditions outlined in the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988.

Key Provisions

The main operative sections of this legislation are sections 39.001 and 39.001A of the Civil Aviation Safety Regulations 1998 (CASR 1998), which allow for the issuance of airworthiness directives (ADs) for types of aircraft or aeronautical products. The instrument in question is CASA ADCX 011/15, which repeals eight specific ADs for Beechcraft aircraft (AD/BEECH 33/32 Amdt 2, AD/BEECH 35/59 Amdt 2, AD/BEECH 36/31 Amdt 2, AD/BEECH 55/69 Amdt 2, AD/BEECH 56/27 Amdt 2, AD/BEECH 60/40 Amdt 2, AD/BEECH 65/62 Amdt 3, and AD/BEECH 90/78 Amdt 2). The repeal is due to the fact that these ADs have been superseded by the aircraft manufacturer’s Instructions for Continuing Airworthiness (ICAs), and retaining them would serve no purpose. The obligations imposed by this legislation on the parties governed by it are primarily related to compliance with the ICAs issued by the aircraft manufacturer, as these have now replaced the repealed ADs. The Civil Aviation Safety Authority (CASA) has a responsibility to ensure that the aircraft remain airworthy and comply with all relevant safety standards. Owners and operators of the affected aircraft must adhere to the ICAs and any other applicable regulations to maintain the airworthiness of their aircraft. CASA may also grant exclusions from ADs or approve alternative means of compliance if necessary. The legislation does not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance with the repealed ADs since they are no longer in effect. However, failure to comply with the ICAs or other relevant regulations could result in enforcement actions by CASA. Such actions may include fines, suspension or revocation of airworthiness certificates, and other regulatory measures to ensure compliance and safety. It is essential for aircraft owners and operators to stay informed about and adhere to all applicable regulations and directives to avoid potential penalties and ensure the safety of air navigation.

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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.