CASA ADCX 012/18 - Repeal of Airworthiness Directive AD/A320/23 Amdt 2

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Legislation au F2018L01286 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 012/18 — Repeal of Airworthiness Directive
AD/A320/23 Amdt 2

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), 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/A320/23 Amdt 2 because the requirements of AD/A320/23 Amdt 2 have been superseded by European Aviation Safety Agency (EASA) AD 2018-0200 issued on 6 September 2018 with an effective date of 20 September 2018.

Consultation

No public or other consultation has taken place on the repeal of AD/A320/23 Amdt 2 because the requirements of AD/A320/23 Amdt 2 have been superseded by EASA AD 2018-0200 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 20 September 2018.

[Instrument number CASA ADCX 012/18]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 012/18 — Repeal of Airworthiness Directive
AD/A320/23 Amdt 2

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) were enacted to implement the provisions of the Convention on International Civil Aviation relating to safety, among other things, under section 98 of the Civil Aviation Act 1988. The Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (AD) for kinds of aircraft or aeronautical products under regulation 39.001 of the CASR. The problem this legislation aimed to address is the need to ensure the continuing airworthiness of aircraft by aligning Australian regulations with international standards and requirements. The Australian Parliament, through CASA, introduced this legislation to maintain high safety standards in civil aviation. The policy objective is to ensure that the airworthiness directives issued are in line with international safety standards, thereby maintaining a consistent and high level of safety across the industry.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) govern the continuing airworthiness of aircraft in Australia, ensuring compliance with international safety standards. The regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for specific aircraft types or aeronautical products, which are legislative instruments unless they apply to a particular person, aircraft, or product. ADs are critical for maintaining the safety of aircraft and are issued by the State of Design and the State of Registry, with CASA having the authority to grant exclusions or approve alternative means of compliance. The scope of CASR extends to all aircraft registered in Australia, thereby encompassing individuals, operators, and entities involved in civil aviation within Australia’s jurisdiction. This legislative framework is supported by the Civil Aviation Act 1988, which provides the foundation for CASA’s regulatory powers and ensures alignment with international conventions such as the Convention on International Civil Aviation. The repealed AD/A320/23 Amdt 2 was superseded by a European Aviation Safety Agency directive, reflecting CASA's commitment to harmonising safety regulations with international standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) provide the framework within which airworthiness directives (ADs) are issued, amended, or repealed. Section 39.001 of the CASR allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. ADs are legislative instruments that must be complied with by the State of Registry and the operators of the affected aircraft. Regulation 39.001A of the CASR specifically defines an airworthiness directive to include ADs issued by the Foreign State of Design from 1 October 2009 onwards. Consequently, ADs issued by other states apply to aircraft registered in Australia, although CASA may grant exemptions or alternative means of compliance. The obligations imposed by the Civil Aviation Safety Regulations 1998 require the State of Registry to ensure that aircraft remain airworthy by complying with relevant ADs. This includes ensuring that inspections and maintenance are carried out as specified in the ADs. CASA, as the regulator, must also ensure that ADs are kept up-to-date and relevant, and they must communicate any changes or repeals to the relevant stakeholders effectively. Operators of affected aircraft are required to implement the ADs promptly, including conducting necessary inspections and maintenance tasks as specified. Failure to comply with an AD can lead to severe consequences, both civil and criminal. Civilly, non-compliance can result in penalties under section 98 of the Civil Aviation Act 1988, which may include fines. Criminally, more serious breaches can lead to prosecution, with potential maximum penalties depending on the severity of the breach. For example, section 91 of the Civil Aviation Act 1988 provides for penalties for breaches that may include substantial fines and imprisonment. The exact penalties are determined by the courts, taking into account the nature and circumstances of the offence.

Legal classification tags

Area of Law
Civil Aviation Law
Instrument
Regulation
Concepts
Repeal & Amendment
Compliance Obligations
Statement of Compatibility with Human Rights

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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.