CASA ADCX 014/16 — Repeal of Airworthiness Directive

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Legislation au F2016L01172 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 014/16 — 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/B737/316 Amdt 1 because the requirements of AD/B737/316 Amdt 1 have been superseded by United States of America Federal Aviation Administration AD 2016-13-11 issued on 21 June 2016 with an effective date of 9 August 2016.

Consultation

No consultation with the Australian public has taken place on the repeal of AD/B737/316 Amdt 1. This AD applied a foreign 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 9 August 2016.

[Instrument number CASA ADCX 014/16]


 

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 014/16 — 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 (CASR 1998) were enacted to ensure the safety of air navigation in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are essential for maintaining the airworthiness of aircraft and aeronautical products. The regulations were established under section 98 of the Civil Aviation Act 1988, allowing CASA to make rules and regulations in the interests of safety. The authority to repeal such regulations is derived from the Acts Interpretation Act 1901, which allows for the repeal, rescission, or amendment of legislative instruments. This particular repeal of Airworthiness Directive AD/B737/316 Amdt 1, announced in CASA ADCX 014/16, was necessitated by the superseding of its requirements by a more recent United States Federal Aviation Administration AD, 2016-13-11, issued on 21 June 2016. The repeal aims to reduce regulatory burden and aligns with international standards under Annex 8 to the Convention on International Civil Aviation, ensuring that Australian aviation safety practices remain consistent with global norms.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by the instrument CASA ADCX 014/16, apply to the safety of air navigation in Australia. This particular repeal of Airworthiness Directive (AD) AD/B737/316 Amdt 1 is relevant to entities and individuals involved in the operation, maintenance, and certification of Boeing 737 aircraft in Australia. The repeal is enacted under the authority of the Civil Aviation Act 1988, specifically under section 98, which empowers the Governor-General to make regulations for the Act, and regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue ADs. This repeal ensures that Australian regulatory practices align with the more recent and comprehensive AD issued by the United States Federal Aviation Administration. The repeal has a national reach, applying across all states and territories within Australia. There are no exclusions or exemptions noted in the text, and the repeal does not extend or restrict application through subordinate instruments. The repeal of AD/B737/316 Amdt 1 was deemed necessary as its requirements have been superseded by the newer FAA directive, thus reducing the regulatory burden without any additional consultation.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) relevant to this legislation include section 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for a kind of aircraft or aeronautical product. Regulation 39.001A specifically addresses foreign State of Design ADs issued on or after 1 October 2009. This particular legislation repeals AD/B737/316 Amdt 1, which pertains to inspection and rectification or maintenance of specified aircraft or aeronautical products. The repeal is due to the fact that the requirements of AD/B737/316 Amdt 1 have been superseded by a more recent AD issued by the United States of America Federal Aviation Administration (AD 2016-13-11) on 21 June 2016, effective from 9 August 2016. The obligations and requirements imposed by the Act on the parties or entities it governs are primarily focused on ensuring the continuing airworthiness of aircraft and aeronautical products. CASA, as Australia’s national airworthiness authority, must accept any AD issued by the foreign State of Design for a type of aircraft on the Australian Register. CASA also has the discretion to grant an exclusion from the AD or to approve an acceptable means of compliance that differs from the one set out in the AD. This ensures that the safety standards mandated by the AD are met, while also allowing for flexibility in compliance where necessary. Breach of the Civil Aviation Safety Regulations 1998 can result in various consequences, both civil and criminal. The maximum penalties for non-compliance can include fines and imprisonment. Specifically, under section 327 of the Civil Aviation Act 1988, a person who contravenes a civil aviation regulation can be fined up to $22,200 for an individual and $111,000 for a body corporate. Additionally, under section 330 of the same Act, a person who wilfully contravenes a regulation can be imprisoned for up to two years. These penalties underscore the importance of adhering to the regulations in maintaining aviation safety.

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Administrative Law
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Regulation
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Definitions & Interpretation
Repeal & Amendment
Civil Aviation Safety
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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.