CASA ADCX 011/20 - Repeal of Airworthiness Directives AD/CESSNA 170/57 Amdt 4, AD/CESSNA 180/75 Amdt 2, AD/CESSNA 205/21 Amdt 2, AD/CESSNA 206/48 Amdt 2, AD/CESSNA 207/32 Amdt 2, and AD/CESSNA 210/66 Amdt 3

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Legislation au F2020L01331 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 011/20 — Repeal of Airworthiness Directives
AD/CESSNA 170/57 Amdt 4, AD/CESSNA 180/75 Amdt 2, AD/CESSNA 205/21 Amdt 2, AD/CESSNA 206/48 Amdt 2, AD/CESSNA 207/32 Amdt 2, and AD/CESSNA 210/66 Amdt 3

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/CESSNA 170/57 Amdt 4, AD/CESSNA 180/75 Amdt 2, AD/CESSNA 205/21 Amdt 2, AD/CESSNA 206/48 Amdt 2, AD/CESSNA 207/32 Amdt 2, and AD/CESSNA 210/66 Amdt 3 because the requirements of them have been superseded by United States of America Federal Aviation Administration (FAA) AD 2020-18-01 issued on 24 August 2020 with an effective date of 12 November 2020.

Consultation

No public or other consultation has taken place on the repeal of AD/CESSNA 170/57 Amdt 4, AD/CESSNA 180/75 Amdt 2, AD/CESSNA 205/21 Amdt 2, AD/CESSNA 206/48 Amdt 2, AD/CESSNA 207/32 Amdt 2, and AD/CESSNA 210/66 Amdt 3 because the requirements of them have been superseded by FAA AD 2020-18-01 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 12 November 2020.

[Instrument number CASA ADCX 011/20]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 011/20 — Repeal of Airworthiness Directives
AD/CESSNA 170/57 Amdt 4, AD/CESSNA 180/75 Amdt 2, AD/CESSNA 205/21 Amdt 2, AD/CESSNA 206/48 Amdt 2, AD/CESSNA 207/32 Amdt 2, and AD/CESSNA 210/66 Amdt 3

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 six 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, enacted by the Australian Government, were designed to implement the Convention on International Civil Aviation relating to safety. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure compliance with safety standards. The policy objective behind these regulations is to maintain and enhance aviation safety by aligning Australia's regulatory framework with international standards. The repeal of certain ADs, as outlined in CASA ADCX 011/20, reflects the need to update and harmonise aviation safety standards with more recent and comprehensive directives issued by the United States Federal Aviation Administration. This repeal ensures that Australian aviation safety practices remain current and effective, thus contributing to the overall safety of civil aviation.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) govern the application of airworthiness directives (AD) to ensure the safety and continuing airworthiness of aircraft registered in Australia. Under these regulations, CASA, the Civil Aviation Safety Authority, has the power to issue ADs for specific types of aircraft or aeronautical products. The authority to issue ADs is derived from the Civil Aviation Act 1988, which allows the Governor-General to make regulations to enforce international civil aviation safety standards. The application of ADs is primarily jurisdictional, extending to aircraft registered within Australia, and includes any ADs issued by foreign states of design, subject to CASA's approval or exclusions. The repealed airworthiness directives, AD/CESSNA 170/57 Amdt 4, AD/CESSNA 180/75 Amdt 2, AD/CESSNA 205/21 Amdt 2, AD/CESSNA 206/48 Amdt 2, AD/CESSNA 207/32 Amdt 2, and AD/CESSNA 210/66 Amdt 3, are no longer applicable as they have been superseded by the United States Federal Aviation Administration AD 2020-18-01. This repeal reflects the adherence to international safety standards and the continuous updating of aviation safety regulations to address new safety concerns or findings.

Key Provisions

The key provisions of the Civil Aviation Safety Regulations 1998 (CASR) that are relevant to this instrument involve the issuance and repeal of airworthiness directives (ADs). Under section 39.001 of CASR, CASA can issue ADs for a particular kind of aircraft or aeronautical product to ensure continuing airworthiness. Regulation 39.001A defines an airworthiness directive to include those issued by Foreign States of Design, which apply to Australian aircraft. The power to repeal such ADs is derived from section 33(3) of the Acts Interpretation Act 1901, which allows for the repeal of legislative instruments in a manner similar to their creation. The obligations imposed by this instrument primarily concern aircraft operators and maintenance personnel. The repeal of the specified ADs means that aircraft owners and operators must now comply with the requirements set out in FAA AD 2020-18-01. This includes ensuring that the relevant aircraft undergo the necessary inspections and any required maintenance or rectifications. CASA may also approve alternative means of compliance if the specified ADs are not directly applicable. Failure to comply with ADs, including those that have been repealed and replaced, can lead to civil or criminal penalties. Under section 98(5BA) of the Civil Aviation Act 1988, non-compliance with an AD can result in significant fines and imprisonment. The maximum penalty for an individual can be up to $22,200 or imprisonment for up to two years, or both, while the maximum penalty for a body corporate can be up to $222,000. The penalties underscore the importance of adhering to airworthiness directives to maintain safety standards in aviation.

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Aviation Law
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Regulation
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Definitions & Interpretation
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.