CASA ADCX 013/20 - Repeal of Airworthiness Directives AD/BAe 146/42 Amdt 1, AD/BAe 146/92, AD/BAe 146/110, AD/BAe 146/114, and AD/BAe 146/130

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Legislation au F2020L01440 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 013/20 — Repeal of Airworthiness Directives
AD/BAe 146/42 Amdt 1, AD/BAe 146/92, AD/BAe 146/110, AD/BAe 146/114, and AD/BAe 146/130

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 ADs AD/BAe 146/42 Amdt 1, AD/BAe 146/92, AD/BAe 146/110, AD/BAe 146/114, and AD/BAe 146/130 because the requirements of these ADs have been superseded by European Aviation Safety Agency (EASA) AD
2020-0254 issued on 13 November 2020 with an effective date of 27 November 2020.

 

 

Consultation

No public or other consultation has taken place on the repeal of AD/BAe 146/42 Amdt 1, AD/BAe 146/92, AD/BAe 146/110, AD/BAe 146/114, and AD/BAe 146/130 because the requirements of these ADs have been superseded by EASA AD 2020‑0254 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 27 November 2020.

[Instrument number CASA ADCX 013/20]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 013/20 — Repeal of Airworthiness Directives
AD/BAe 146/42 Amdt 1, AD/BAe 146/92, AD/BAe 146/110, AD/BAe 146/114, and AD/BAe 146/130

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 five Civil Aviation Safety Authority (CASA) airworthiness directives (ADs) that are no longer required.

These ADs relate 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 provide comprehensive safety regulations for civil aviation in Australia, ensuring compliance with international standards. This legislation was introduced to address the need for a cohesive and effective framework governing civil aviation safety, aligning with the Convention on International Civil Aviation and its Annexes. The Civil Aviation Safety Authority (CASA), under the authority conferred by the Civil Aviation Act 1988, is responsible for making regulations to enforce these safety standards. The policy objective of these regulations is to maintain the highest possible safety standards in civil aviation, ensuring the continuing airworthiness of aircraft and protecting public safety. The repealing of certain Airworthiness Directives (ADs) as per CASA ADCX 013/20, while maintaining compliance with international standards, exemplifies the dynamic nature of these regulations, adapting to new international directives and technological advancements to maintain safety.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 013/20, apply to aircraft registered in Australia, and their operators, maintenance personnel, and other relevant entities, including foreign aircraft when within Australian jurisdiction. The repeal of specific airworthiness directives (ADs) AD/BAe 146/42 Amdt 1, AD/BAe 146/92, AD/BAe 146/110, AD/BAe 146/114, and AD/BAe 146/130, signifies that these ADs are no longer in effect due to their supersession by European Aviation Safety Agency (EASA) AD 2020-0254. The repeal applies nationally and reflects changes in international standards set forth by EASA, which must now be adhered to for the specified aircraft type. The Civil Aviation Safety Authority (CASA) retains the authority to grant exclusions or approve alternative means of compliance under regulation 39.001A of the Civil Aviation Safety Regulations 1998. This instrument was made under the authority conferred by the Civil Aviation Act 1988 and the Acts Interpretation Act 1901, and it commenced on 27 November 2020.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products under regulation 39.001 (paragraph 1). These ADs are legislative instruments unless they apply to a particular person, aircraft, or aeronautical product (subsection 98(5B) and (5BA) of the Civil Aviation Act 1988). The authority to issue, repeal, or amend such ADs is derived from section 98 of the Civil Aviation Act 1988 and section 33(3) of the Acts Interpretation Act 1901. The repeal of ADs AD/BAe 146/42 Amdt 1, AD/BAe 146/92, AD/BAe 146/110, AD/BAe 146/114, and AD/BAe 146/130 is justified because these requirements have been superseded by European Aviation Safety Agency (EASA) AD 2020-0254, which must now be complied with (paragraph 2). CASA has determined that no consultation is necessary under section 17 of the Legislation Act 2003 because EASA AD 2020-0254 supersedes the existing ADs and must be followed. The repeal of these airworthiness directives imposes obligations on the entities governed by them, specifically requiring compliance with EASA AD 2020-0254. This means that aircraft operators, maintenance organisations, and other stakeholders must adhere to the new requirements set out in the EASA AD, which includes specific inspection and maintenance protocols. CASA’s decision to repeal the existing ADs and require adherence to the EASA AD ensures that the safety standards for the affected aircraft types remain consistent with international best practices. There are no specified offences, penalties, or civil/criminal consequences directly related to the breach of these repealed ADs, as the new EASA AD 2020-0254 now governs the requirements. However, non-compliance with any AD, including the new EASA AD, could potentially lead to enforcement actions by CASA under the Civil Aviation Act 1988. Such actions may include fines, suspension or revocation of airworthiness certificates, and other regulatory sanctions. The maximum penalties for non-compliance with airworthiness directives can vary, but they are designed to enforce strict adherence to aviation safety standards.

Legal classification tags

Area of Law
Aviation Law
Instrument
Regulation
Concepts
Repeal & Amendment
Civil Aviation Safety Regulations 1998
Airworthiness Directives

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.