CASA ADCX 013/16 — Repeal of Airworthiness Directive

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2016L01140 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 013/16 — 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/A320/108 because the requirements of AD/A320/108 have been superseded by European Aviation Safety Agency AD 2016-0122 issued on 21 June 2016 with an effective date of 5 July 2016.

 

Consultation

No consultation with the Australian public has taken place on the repeal of AD/A320/108. This AD applied foreign a 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 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.

 

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 5 July 2016.

[Instrument number CASA ADCX 013/16]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 013/16 — 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, amended by CASA ADCX 013/16, address the need to repeal outdated airworthiness directives that have been superseded by new regulations issued by the aircraft's State of Design. The Civil Aviation Act 1988 empowers the Governor-General to enact regulations promoting the safety of air navigation, and under these provisions, the Civil Aviation Safety Authority (CASA) issues airworthiness directives. The policy objective is to ensure that Australian aviation safety standards align with international best practices, reducing regulatory burden and maintaining the highest safety standards. CASA ADCX 013/16 repeals AD/A320/108, which has been superseded by European Aviation Safety Agency AD 2016-0122, effective from 5 July 2016. This repeal reflects the need for CASA to accept and implement the latest safety directives from the aircraft's State of Design while allowing for national exclusions or alternative compliance methods.

Scope and Application

The Civil Aviation Safety Regulations 1998, amended by CASA ADCX 013/16, applies to all aircraft and aeronautical products registered in Australia. This regulation, under the Civil Aviation Act 1988, ensures the continuing airworthiness of these aircraft and products, thereby ensuring safety in air navigation. The Act extends its application to the Commonwealth, state, territory, and national jurisdictions, thus covering all Australian airspace. The repeal of the Airworthiness Directive AD/A320/108 is specific to instances where foreign State of Design ADs have been superseded by newer directives, such as the European Aviation Safety Agency AD 2016-0122. This repeal reduces regulatory burden and eliminates redundancy, reflecting changes in international safety standards. Notably, no consultation with the Australian public was deemed necessary, as the directive in question was already outdated in its originating country. The instrument was made under the power conferred by the Civil Aviation Act 1988 and the Acts Interpretation Act 1901, and it commenced on the same date as the new directive, 5 July 2016.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 (paragraph 1). These ADs are essential for ensuring the safety of air navigation as stipulated in section 98 of the Civil Aviation Act 1988 (the Act) (paragraph 2). When a foreign State of Design issues an AD for a type of aircraft registered in Australia, CASA must accept that AD, although CASA has the discretion to grant an exclusion or approve an alternative means of compliance under regulation 39.001A (paragraph 3). The authority to repeal, rescind, revoke, amend, or vary such ADs is conferred under subsection 33(3) of the Acts Interpretation Act 1901 (paragraph 4). Entities governed by the CASR 1998, including CASA and aircraft operators, must comply with any ADs issued or accepted by CASA (paragraph 5). CASA is obligated to ensure that ADs are issued in the interests of safety, and aircraft operators must adhere to the requirements of these ADs to maintain the airworthiness of their aircraft (paragraph 6). Any exclusions or alternative means of compliance must be approved by CASA, ensuring that safety standards are not compromised (paragraph 7). Under the Civil Aviation Act 1988, non-compliance with an AD may constitute an offence (paragraph 8). Although the specific penalties are not detailed in the explanatory statement, penalties for breaching aviation safety regulations can include substantial fines and imprisonment under section 11 of the Act (paragraph 9). The exact penalties depend on the severity of the breach and the specific provisions of the Act and regulations (paragraph 10). Additionally, civil consequences may include the grounding of aircraft and the suspension of operations until compliance is achieved (paragraph 11).

Legal classification tags

Area of Law
Civil Aviation Law
Instrument
Regulation
Concepts
Commencement Provisions
Repeal & Amendment
Enforcement Powers

Interactions

Authorises

All Versions

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.