CASA ADCX 013/21 - Repeal of Airworthiness Directive AD/PA-23/70 Amdt 2

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Legislation au F2022L00071 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 013/21 - Repeal of Airworthiness Directive
CASA AD/PA-23/70 Amdt 2 – Stabilator Tip Tube and Weight Assembly - Inspection and Modification

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/PA-23/70 Amdt 2 – Stabilator Tip Tube and Weight Assembly - Inspection and Modification (AD/PA-23/70 Amdt 2), which applies to Piper PA-23-250 aircraft, because the requirements of AD/PA-23/70 Amdt 2 have been superseded by United States of America Federal Aviation Administration (FAA) AD 2021-25-11 which must now be complied with because it is a foreign State of Design AD.

Consultation

No public or other consultation has taken place on the repeal of AD/PA-23/70 Amdt 2 because the requirements of this AD have been superseded by FAA AD-2021-25-11 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 25 January 2022.

[Instrument number CASA ADCX 013/21]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 013/21 - Repeal of Airworthiness Directive
CASA AD/PA-23/70 Amdt 2 – Stabilator Tip Tube and Weight Assembly - Inspection and Modification

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 airworthiness directive AD/PA‑23/70 Amdt 2 (AD) because it is no longer required as the requirements of the AD have been superseded by United States of America Federal Aviation Administration (FAA) AD 2021-25-11 which must now be complied with because it is a foreign State of Design AD.

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 013/21, address the issue of outdated or superseded airworthiness directives in the aviation industry. Enacted by the Governor-General under section 98 of the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives to ensure the safety of aircraft and aeronautical products. The policy objective of CASA is to maintain and enhance the safety of civil aviation in Australia, which includes ensuring that aircraft and aeronautical products comply with current international standards. The specific regulation CASA ADCX 013/21 repeals AD/PA-23/70 Amdt 2, which has been superseded by a more recent directive from the United States Federal Aviation Administration. This repeal ensures that Australian aviation adheres to the most current safety requirements established by the foreign State of Design.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR) govern the airworthiness of aircraft and aeronautical products in Australia. Under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (AD) to ensure the continuing airworthiness of aircraft registered in Australia. ADs may be issued by the State of Design or the State of Registry, and they apply to aircraft types, rather than individual aircraft. This legislative instrument concerns the repeal of AD/PA-23/70 Amdt 2, which applies to Piper PA-23-250 aircraft. The repeal occurs because the requirements of AD/PA-23/70 Amdt 2 have been superseded by United States of America Federal Aviation Administration (FAA) AD 2021-25-11, which must now be complied with as it is a foreign State of Design AD. This repeal applies nationally across Australia and to all aircraft of the specified type registered in Australia. The repeal is made under the authority conferred by the Civil Aviation Act 1988 and CASR, with the instrument coming into effect on 25 January 2022.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR) have been amended to repeal the airworthiness directive AD/PA-23/70 Amendment 2, which previously applied to Piper PA-23-250 aircraft (sections 98, 39.001, 39.001A). This repeal is due to the requirements of AD/PA-23/70 Amdt 2 being superseded by the United States Federal Aviation Administration (FAA) AD 2021-25-11, which now governs the inspection and modification of the stabilator tip tube and weight assembly for this type of aircraft. This change means that operators and owners of the affected aircraft must now comply with FAA AD 2021-25-11 instead of AD/PA-23/70 Amdt 2. The Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives under regulation 39.001 of the CASR, and these directives are generally aligned with international standards to ensure safety and airworthiness. The repeal of AD/PA-23/70 Amdt 2 imposes specific obligations on aircraft operators, owners, and maintenance providers to adhere to the updated FAA AD 2021-25-11. This includes conducting the required inspections and modifications as specified in the new directive. These obligations are necessary to maintain the continuing airworthiness of the aircraft in accordance with the Convention on International Civil Aviation, particularly Annex 8, which places responsibility on the State of Registry to ensure that aircraft remain airworthy. CASA retains the authority to grant exclusions from or approve alternative means of compliance with airworthiness directives under regulation 39.001A of the CASR. Failure to comply with the updated FAA AD 2021-25-11 or any other applicable airworthiness directive can result in significant legal consequences. Non-compliance may lead to enforcement actions by CASA, which could include fines or other penalties. Under the Civil Aviation Act 1988, individuals or entities found in breach of an airworthiness directive may face civil penalties, including fines of up to $275,000 for individuals and $1.375 million for corporations. Additionally, repeated or serious non-compliance can lead to criminal charges, which could result in substantial fines and imprisonment for responsible individuals. Ensuring adherence to the updated directive is therefore crucial for maintaining compliance and avoiding these potential consequences.

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Administrative Law
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Regulation
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Repeal & Amendment
Regulatory Standards
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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.