CASA ADCX 012/14 — Repeal of Airworthiness Directive

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Legislation au F2014L00731 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 012/14 — Repeal of Airworthiness Directive

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 AD/A320/226 because the requirements of AD/A320/226 have been superseded by European Aviation Safety Agency AD 2014-0147 issued on 11 June 2014 with an effective date of 25 June 2014.

 

Consultation

No consultation with the Australian public has taken place on the repeal of AD/A320/226. This AD applied a foreign State of Design AD that will no longer be in force in the State of Design and its retention would have been purposeless. The repeal results 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 June 2014.

[Instrument number CASA ADCX 012/14]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 012/14 — Repeal of Airworthiness Directive

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 (CASR 1998) were enacted to ensure the safety of air navigation in Australia, operating under the authority conferred by the Civil Aviation Act 1988. The Civil Aviation Safety Regulations 1998 were introduced to provide a comprehensive regulatory framework that supports the maintenance of aircraft and aeronautical products to ensure the safety of air navigation. The regulations were enacted by the Australian Parliament, with the objective of maintaining a high standard of safety in the aviation industry, consistent with international standards. This particular legislative instrument, CASA ADCX 012/2014, was created to repeal an outdated airworthiness directive (AD) for a specific type of aircraft, recognising that the original directive had been superseded by a more recent AD issued by the European Aviation Safety Agency. The repeal aims to streamline regulations and reduce unnecessary regulatory burdens, ensuring that the continuing airworthiness of aircraft remains aligned with current safety standards.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, govern the safety of air navigation in Australia and allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. The scope of these regulations applies to all aircraft and aeronautical products registered in Australia, including both commercial and private entities. The ADs are designed to enhance safety by ensuring that any identified safety issues are addressed promptly. These regulations extend to all persons and entities involved in the manufacture, maintenance, and operation of aircraft within Australian jurisdiction, including individuals, corporations, and other entities involved in the aviation industry. Geographically, these regulations apply within the Commonwealth of Australia, aligning with national and international aviation safety standards. The regulations provide certain exclusions and exemptions, such as allowing CASA to grant exclusions from ADs or approve alternative means of compliance where appropriate. Additionally, the application and enforcement of these regulations may be extended or restricted through subordinate instruments issued by CASA.

Key Provisions

The key provisions of the Civil Aviation Safety Regulations 1998 (CASR 1998) relevant to this legislative instrument include regulation 39.001, which grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (AD) for specific types of aircraft or aeronautical products, and regulation 39.001A, which defines foreign State of Design ADs and their application to aircraft registered in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations concerning civil aviation safety, and these regulations can include provisions for the repeal, amendment, or variation of ADs. The legislative instrument in question specifically repeals AD/A320/226 due to the superseding of its requirements by a more recent European Aviation Safety Agency AD, 2014-0147. The obligations and requirements imposed by this Act on the parties or entities it governs primarily relate to the acceptance and implementation of ADs. Under regulation 39.001A, CASA must accept foreign State of Design ADs applicable to aircraft registered in Australia, unless an exclusion or an alternative means of compliance is granted. The State of Registry, in this case CASA, must ensure that the continuing airworthiness of aircraft is maintained in accordance with the applicable ADs. This involves compliance with the requirements set forth in the ADs, which may include inspections, maintenance, and other safety-related actions. There are no specific offences, penalties, or civil/criminal consequences outlined in the explanatory statement for the breach of ADs or the failure to comply with the repealed AD/A320/226. However, it is implied that non-compliance with ADs could lead to potential safety issues and liabilities under other provisions of the Civil Aviation Act 1988 or the CASR 1998. The repealed AD/A320/226 would no longer apply, and compliance with the more recent AD 2014-0147 would be required. Failure to adhere to ADs could result in enforcement actions by CASA, including the possibility of grounding the affected aircraft or imposing other regulatory measures to ensure compliance.

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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.