CASA ADCX 013/15 - Repeal of Airworthiness Directive

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Legislation au F2015L01408 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 013/15 — 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 CASA AD/PT6A/28 Amdt 1 because the requirements of the AD are already addressed in existing legislation. Registered operators of turbine engines are required to follow manufacturer’s instructions if they have elected to use the manufacturer’s maintenance schedule in accordance with regulation 42A of the Civil Aviation Regulations 1988 (CAR 1988), or alternatively, registered operators are required to follow the CASA maintenance schedule if they have elected to do so in accordance with regulation 42B of CAR 1988.  If a registered operator wishes to vary the manufacturer’s instructions for continuing airworthiness, then the registered operator can apply to have the aircraft’s maintenance schedule as the approved system of maintenance in accordance with regulations 42C and 42M of CAR 1988.

 

Consultation

No consultation with the Australian public has taken place on the repeal of AD/PT6A/28 Amdt 1. This AD applied requirements that are addressed in CAR 1988 and its retention would have been purposeless. The repeal removes duplicate requirements. 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 7 September 2015.

[Instrument number CASA ADCX 013/15]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 013/15 — 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), the requirements of which are already addressed by existing legislation.

 

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, with the Civil Aviation Safety Authority (CASA) being the national airworthiness authority. A gap in these regulations was identified regarding the duplication of requirements between certain airworthiness directives (ADs) and existing legislation. The Australian Parliament empowered CASA to issue ADs for types of aircraft or aeronautical products to address safety concerns. However, CASA ADCX 013/2015, which repeals CASA AD/PT6A/28 Amdt 1, was introduced to eliminate redundant regulatory requirements. This repeal ensures that the existing legislation adequately covers the necessary safety standards without unnecessary duplication. The repeal was made under the authority delegated to CASA, ensuring compliance with the Civil Aviation Act 1988 and the Acts Interpretation Act 1901. The instrument took effect on 7 September 2015, signifying the streamlined regulatory approach towards maintaining aircraft safety and airworthiness.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by the instrument CASA ADCX 013/15, pertain to the airworthiness of aircraft and aeronautical products in Australia. This legislation applies to entities such as registered operators of turbine engines, and it ensures that these operators comply with either manufacturer’s instructions or the Civil Aviation Safety Authority’s (CASA) maintenance schedule. The regulations are designed to address the continuing airworthiness of aircraft and are applicable across Australia, adhering to international standards set by the International Civil Aviation Organization. The repeal of CASA AD/PT6A/28 Amdt 1, as detailed in this instrument, was deemed necessary because the requirements outlined in the AD are already covered by the Civil Aviation Regulations 1988. This repeal removes any redundancy in the regulatory framework, streamlining compliance requirements for operators. The instrument was made under the authority of the Civil Aviation Act 1988 and the Acts Interpretation Act 1901, and it commenced on 7 September 2015.

Key Provisions

The primary sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) relevant to this legislation include sections 39.001 and 39.001A, which pertain to the issuance of airworthiness directives (ADs). Section 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft types or aeronautical products, while section 39.001A specifies that foreign State of Design ADs issued on or after 1 October 2009 are recognised as ADs under CASR 1998. The legislation also references regulations 42A, 42B, 42C, and 42M of the Civil Aviation Regulations 1988 (CAR 1988), which govern the maintenance schedules for turbine engines and the procedures for approving alternative maintenance systems. The obligations imposed by this Act primarily concern the registered operators of turbine engines, who must adhere to either the manufacturer’s maintenance schedule as per regulation 42A of CAR 1988 or the CASA maintenance schedule as per regulation 42B of CAR 1988. If an operator wishes to deviate from the manufacturer’s instructions, they can apply to have the aircraft’s maintenance schedule approved as the system of maintenance in accordance with regulations 42C and 42M of CAR 1988. This ensures that the maintenance and inspection of aircraft remain compliant with regulatory standards. There are no specific offences or penalties outlined in this legislation for breach of the repealed AD, as the requirements have already been incorporated into existing legislation. However, any failure to comply with the Civil Aviation Regulations 1988 (CAR 1988) could result in enforcement actions by CASA, including fines or other regulatory sanctions. The maximum penalties for breaches of the Civil Aviation Act 1988 (the Act) or the CASR 1998 can be substantial, depending on the severity and nature of the breach. Civil penalties may include fines of up to $1,650,000 for corporations and $330,000 for individuals, while criminal penalties may involve imprisonment for up to five years or both imprisonment and fines. In summary, this legislation repeals an airworthiness directive that is redundant due to existing regulations, imposes compliance obligations on turbine engine operators regarding maintenance schedules, and implies that non-compliance with the Civil Aviation Regulations 1988 could lead to regulatory enforcement actions with significant penalties.

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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.