CASA ADCX 014/15 - Repeal of Airworthiness Directive

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Legislation au F2015L01472 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 014/15 — 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 AD/AS 355/67 Amdt 5 because the requirements of AD/AS 355/67 Amdt 5 have been superseded by European Aviation Safety Agency (EASA) AD 2007-0209R1 issued on 11 September 2015 with an effective date of 25 September 2015.

 

Consultation

No consultation with the Australian public has taken place on the repeal of AD/AS 355/67 Amdt 5. This AD applied a foreign State of Design AD that will no longer be in force in the State of Design. 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 25 September 2015.

[Instrument number CASA ADCX 014/15]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 014/15 — 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 AD/AS 355/67 Amdt 5 as this AD applied a foreign State of Design AD that will no longer be in force in the State of Design.

 

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 by the Parliament of Australia to regulate the safety aspects of civil aviation in the country. They were introduced to ensure the safety of air navigation and the continuing airworthiness of aircraft and aeronautical products. Under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives (ADs), which are legislative instruments unless they apply to a specific person, aircraft, or aeronautical product. The authority to repeal, rescind, revoke, amend, or vary such instruments is also provided under the Acts Interpretation Act 1901. The CASR 1998 ensures that Australia adheres to international standards set by the Convention on International Civil Aviation, particularly concerning the responsibility of the State of Design and State of Registry in maintaining aircraft airworthiness. This legislation allows CASA to accept and enforce ADs issued by foreign States of Design, subject to the possibility of exclusions or alternative means of compliance being approved by CASA.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, apply to all persons and entities involved in civil aviation activities within Australia, including aircraft manufacturers, operators, maintenance organisations, and aviation professionals. The regulations cover a broad range of activities, including the design, manufacture, maintenance, and operation of aircraft, as well as the certification of personnel involved in these activities. The regulations also establish standards for airworthiness, flight operations, and safety management systems. They apply nationally across Australia and are subject to oversight by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. Certain exclusions and exemptions may apply under specific circumstances, such as for small aircraft or certain types of operations, as outlined in the regulations and related instruments. The application and enforcement of the regulations can be extended or restricted through subordinate instruments issued by CASA.

Key Provisions

The main operative sections of this legislation are those that pertain to the repeal of Airworthiness Directive AD/AS 355/67 Amdt 5 (section 3). This directive, which was applied to aircraft registered in Australia, is being repealed because it is based on a foreign State of Design directive that has itself been superseded by a more recent European Aviation Safety Agency (EASA) directive (section 4). The repeal is effective from 25 September 2015, aligning with the effective date of the new EASA directive (section 10). The obligations and requirements imposed by this Act primarily concern the Civil Aviation Safety Authority (CASA) and the State of Registry of individual aircraft. CASA, as Australia's national airworthiness authority, has the responsibility to accept foreign ADs for aircraft on the Australian Register, unless it grants an exclusion or approves an alternative means of compliance (section 5). The State of Registry must ensure the continuing airworthiness of aircraft and develop or adopt requirements to this end (section 6). This legislative instrument ensures that AD/AS 355/67 Amdt 5 no longer applies, as its requirements have been superseded by EASA AD 2007-0209R1 (section 3). There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breach of the repealed AD/AS 355/67 Amdt 5. However, failure to comply with airworthiness directives can result in significant penalties under the Civil Aviation Act 1988, including fines and imprisonment. The maximum penalties for breaches of airworthiness regulations can vary depending on the severity of the breach and the specific provisions of the Act that are contravened. CASA has the authority to enforce compliance with airworthiness directives and can take action against non-compliance, including issuing enforcement notices or initiating legal proceedings.

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Aviation Law
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Regulation
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Definitions & Interpretation
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.