CASA ADCX 012/21 - Repeal of Airworthiness Directive AD/BAe 146/71 Amdt 3

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Legislation au F2021L01892 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 012/21 - Repeal of Airworthiness Directive
CASA AD/BAe 146/71 Amdt 3 – NLG Retraction Jack Attachment Boss

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/BAe 146/71 Amdt 3 – NLG Retraction Jack Attachment Boss (AD/BAe 146/71 Amdt 3), which applies to BAe 146 and Avro 146-RJ series aircraft, because the requirements of AD/BAe 146/71 Amdt 3 have been superseded by United Kingdom Civil Aviation Authority (UK CAA) AD G-2021-0016 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.

Consultation

No public or other consultation has taken place on the repeal of AD/BAe 146/71 Amdt 3 because the requirements of this AD have been superseded by UK CAA AD G-2021-0016 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 15 January 2022.

[Instrument number CASA ADCX 012/21]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 012/21 - Repeal of Airworthiness Directive
CASA AD/BAe 146/71 Amdt 3 – NLG Retraction Jack Attachment Boss

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 (CASR) were enacted to implement the Convention on International Civil Aviation, focusing on ensuring the safety of civil aviation. This specific regulation, F2021L01892, pertains to the repeal of Airworthiness Directive CASA AD/BAe 146/71 Amdt 3 – NLG Retraction Jack Attachment Boss. The directive was repealed because its requirements have been superseded by a more recent United Kingdom Civil Aviation Authority directive, AD G-2021-0016. The Civil Aviation Safety Authority (CASA), under its powers granted by the Civil Aviation Act 1988, made this legislative instrument without the need for consultation, deeming it unnecessary as the older directive is no longer applicable. The instrument aligns with human rights as it does not engage any of the applicable rights or freedoms, as detailed in the Statement of Compatibility with Human Rights.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) under the Civil Aviation Act 1988 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types or aeronautical products to ensure safety. Regulation 39.001 of the CASR allows CASA to issue ADs, which are legislative instruments unless specified otherwise. The repeal of AD/BAe 146/71 Amdt 3 – NLG Retraction Jack Attachment Boss pertains to BAe 146 and Avro 146-RJ series aircraft registered in Australia, aligning with the requirements of the Convention on International Civil Aviation. This repeal is necessary as the directive has been superseded by a more recent UK Civil Aviation Authority AD. The repeal does not require consultation under the Legislation Act 2003 as the superseded AD no longer applies. The instrument was made under delegation from CASA and commenced on 15 January 2022. This repeal does not necessitate a Regulation Impact Statement as ADs are exempt under a standing agreement between CASA and the Office of Best Practice Regulation. Additionally, a Statement of Compatibility with Human Rights confirms that the repeal does not affect any human rights.

Key Provisions

The key operative sections of the Civil Aviation Safety Regulations 1998 (CASR) under this legislation include section 98, which empowers the Governor-General to make regulations to carry out and give effect to provisions of the Convention on International Civil Aviation relating to safety. This is further supported by regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. The repeal of AD/BAe 146/71 Amdt 3 is executed under the authority granted by section 33(3) of the Acts Interpretation Act 1901, which includes the power to repeal, rescind, revoke, amend, or vary legislative instruments. The obligations imposed by this Act primarily focus on ensuring the continuing airworthiness of aircraft registered in Australia. This includes the State of Design's responsibility to provide necessary information for maintaining airworthiness, as stipulated in Annex 8 of the Convention on International Civil Aviation. The State of Registry, which in this case is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft, as defined under regulation 39.001A of CASR. Furthermore, CASA is mandated to issue ADs and may grant exclusions or approve alternative means of compliance for specific aircraft or aeronautical products. The legislation also addresses potential breaches and their consequences. While specific penalties are not detailed in this repeal, generally, breaches of CASR can lead to civil penalties, including fines, and in severe cases, criminal charges. For ADs, failure to comply with the specified requirements can result in the aircraft being deemed unairworthy, which could lead to grounding and potential criminal prosecution for the operators or individuals responsible. The repeal of AD/BAe 146/71 Amdt 3 signifies that operators of BAe 146 and Avro 146-RJ series aircraft must now comply with the UK CAA AD G-2021-0016, as it supersedes the previously applicable AD. This change is critical as it ensures that the aircraft continue to meet international safety standards. CASA's decision not to undertake consultation under section 17 of the Legislation Act 2003 is based on the understanding that the superseded AD's requirements are now addressed by the newer directive, making further consultation unnecessary.

Legal classification tags

Area of Law
Environmental Law
Commercial Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
Enforcement Powers
Compliance Obligations
Catchwords
Airworthiness Directive
Continuing Airworthiness

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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.