CASA ADCX 015/12 - Revocation of Airworthiness Directives

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Legislation au F2012L01546 Not in force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Regulations 1988

 

CASA ADCX 015/12 - Revocation of Airworthiness Directives

 

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.  Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products.  Under the previous subregulation 39.001(5) of CASR 1998, an AD was a legislative instrument.  This is still the situation under subsection 98(5B) of the Act.

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 ICAO 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.  When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must accept that AD.  State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.

AD/A320/71

 

EASA have issue Airworthiness Directive Cancellation Notice 2012-0122-CN which cancels DGAC France AD 96-171-083. CASA issued AD/A320/71 in response to DGAC France AD 96-171-083 and is likewise cancelling this AD.

 

AD/A320/105 Amdt 1

 

EASA have issue Airworthiness Directive Cancellation Notice 2012-0122-CN which cancels DGAC France AD 2000-359-152R2. CASA issued AD/A320/105 Amdt 1 in response to DGAC France AD 2000-359-152R2 and is likewise cancelling this AD.

 

AD/A320/182

 

A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been superseded by EASA AD 2012-0199 issued on 4 July 2012.

 

 

 

 

AD/A320/189

 

EASA have issue Airworthiness Directive Cancellation Notice 2012-0122-CN which cancels DGAC France AD F-2005-172. CASA issued AD/A320/189 in response to DGAC France AD F-2005-172 and is likewise cancelling this AD.

 

AD/A320/208

 

A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been superseded by EASA AD 2012-0118 issued on 4 July 2012.

 

AD/A320/220

 

EASA have issue Airworthiness Directive Cancellation Notice 2012-0122-CN which cancels DGAC France AD 98-292-117. CASA issued AD/A320/220 in response to DGAC France AD 98-292-117 and is likewise cancelling this AD.

 

AD/A320/221

 

EASA have issue Airworthiness Directive Cancellation Notice 2012-0122-CN which cancels DGAC France AD 96-054-078R2. CASA issued AD/A320/221 in response to DGAC France AD 96-054-078R2 and is likewise cancelling this AD.

 

AD/BAe 146/135

 

A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been superseded by EASA AD 2012-0125.

 

Consultation

Foreign State of Design ADs are defined as ADs by CASR regulation 39.001A. Therefore if an Australian AD has its requirements superseded by the requirements of a State of Design AD, those requirements may under regulation 39.001A be given effect to without public consultation.

 

The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.

 

Compatibility with human rights and freedoms

This 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.

 

Human Rights Implications

The instrument sets out technical requirements as detailed above.  The instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

The instrument is compatible with human rights and freedoms.

 

This AD cancellation has been made by the Acting Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[Instrument number CASA ADCX 015/12]

Overview

The Civil Aviation Regulations 1988 were enacted to facilitate the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This legislation allows the Governor-General to make regulations under section 98 of the Civil Aviation Act 1988, which are essential for the safety of air navigation. In this context, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The objective of this particular legislative instrument, CASA ADCX 015/12, is to revoke certain ADs in light of updated or superseded directives issued by other States of Design, particularly those from the European Union Aviation Safety Agency (EASA) and the French Civil Aviation Authority (DGAC). This revocation ensures that the ADs on the Australian Register remain current and aligned with international standards, thereby maintaining the highest safety standards for aircraft operating in Australian airspace.

Scope and Application

The Civil Aviation Regulations 1988, as amended by CASA ADCX 015/12, apply to the aviation industry, specifically to entities and persons involved in the operation of aircraft registered in Australia, and to the issuance and compliance with airworthiness directives (ADs). This regulation is enacted under section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations for the safety of air navigation. The geographic scope of the Act is national, covering all aircraft registered in Australia, and it adheres to the international standards set by Annex 8 of the Convention on International Civil Aviation. The regulation allows for the revocation of certain ADs when superseded by newer directives from the State of Design, such as those issued by the European Union Aviation Safety Agency (EASA). This revocation process ensures that outdated or redundant ADs are removed to streamline compliance requirements. The Act does not specify any exclusions or thresholds, but it extends its application through subordinate instruments, which may further detail specific conditions or procedures for AD compliance and revocation.

Key Provisions

The Civil Aviation Regulations 1988, as amended by CASA ADCX 015/12, primarily address the revocation of certain airworthiness directives (ADs) in the interest of safety and compliance with international standards. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations for air navigation safety, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific aircraft types or aeronautical products. The ADs in question were issued in response to directives from foreign authorities, particularly the French Civil Aviation Authority (DGAC France) and the European Aviation Safety Agency (EASA). The obligations imposed by the ADs include adherence to the safety standards set out by CASA and the relevant State of Design. Operators of affected aircraft must comply with the requirements of these ADs, which may include inspections, repairs, or modifications to ensure the continued airworthiness of the aircraft. CASA, as Australia’s national airworthiness authority, is responsible for ensuring that ADs are issued and enforced to maintain safety standards. Operators must ensure that all aircraft are compliant with the relevant ADs and that any necessary actions are carried out in a timely manner. Failure to comply with the ADs can result in significant legal and financial consequences. Under section 94(1) of the Civil Aviation Act 1988, CASA has the authority to enforce compliance, and non-compliance can lead to penalties, including fines and potential grounding of the aircraft. The maximum penalties for non-compliance with ADs can vary, but they are significant, reflecting the critical nature of airworthiness standards. In severe cases, non-compliance could also result in criminal charges against the operators or responsible individuals, further emphasising the importance of adhering to these regulations.

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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.