CASA ADCX 015/14 - Repeal of Airworthiness Directives

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Legislation au F2014L01040 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 015/14 — Repeal of Airworthiness Directives

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 2 ADs for the following reasons.

This instrument repeals AD/A320/84 Amdt 2 because the requirements of AD/A320/84 Amdt 2 will be superseded by European Aviation Safety Agency (EASA) AD 2014-0169 issued on 17 June 2014 with an effective date of
31 July 2014.

 

This instrument also repeals AD/A320/109 Amdt 1 because the requirements of AD/A320/109 Amdt 1 will be superseded by European Aviation Safety Agency (EASA) AD 2014-0166 issued on 16 June 2014 with an effective date of
30 July 2014.

 

Consultation

No consultation with the Australian public has taken place on the repeal of AD/A320/84 Amdt 2 and AD/A320/109 Amdt 1. These ADs applied foreign State of Design ADs that will no longer be in force in the State of Design and their retention would have been purposeless. The repeals result 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 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 30 July 2014.

[Instrument number CASA ADCX 015/14]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 015/14 — Repeal of Airworthiness Directives

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 directives (ADs) that have been superseded by foreign State of Design ADs issued by the national airworthiness authority of the State of Design of the aircraft or aeronautical product.

 

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 were enacted by the Parliament of Australia under the authority of the Civil Aviation Act 1988 to ensure the safety of air navigation within Australia. The regulations provide the framework for the administration of air safety regulations, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) for particular kinds of aircraft or aeronautical products. The Civil Aviation Safety Regulations 1998 were amended by this instrument to repeal two specific airworthiness directives, AD/A320/84 Amendment 2 and AD/A320/109 Amendment 1, which have been superseded by newer directives issued by the European Aviation Safety Agency (EASA). The repeal of these directives aims to streamline the regulatory framework and reduce unnecessary administrative burdens. This legislative instrument was made by a delegate of CASA under the authority delegated by the Civil Aviation Safety Regulations 1998 and commenced on 30 July 2014. The repeal of these directives does not require consultation or a Regulation Impact Statement, as the directives have been rendered obsolete by newer, applicable regulations from the aircraft's State of Design.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) apply to all aviation activities within Australia, overseen by the Civil Aviation Safety Authority (CASA). The Regulations provide a comprehensive framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft, and are made under the Civil Aviation Act 1988 (the Act). One of the key components of this regulatory framework is the issuance of airworthiness directives (ADs), which are legislative instruments designed to address safety issues related to specific aircraft types or aeronautical products. CASA has the authority to issue ADs under the CASR 1998 and may also repeal or amend existing ADs if they become superseded by newer regulations issued by the State of Design, particularly those from the European Union through the European Aviation Safety Agency (EASA). The repeal of certain ADs, such as AD/A320/84 Amdt 2 and AD/A320/109 Amdt 1, reflects the fact that these directives have been superseded by more recent ADs issued by the State of Design, thereby reducing regulatory burden without affecting safety standards. The repeal of these ADs is a procedural measure that ensures the Australian regulatory framework remains current and effective.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended to repeal two specific Airworthiness Directives (ADs) as per regulation CASA ADCX 015/14. This repeal is detailed in section 3 of the instrument, which references the superseded ADs AD/A320/84 Amdt 2 and AD/A320/109 Amdt 1. The repealed ADs are no longer applicable as they will be replaced by newer directives issued by the European Aviation Safety Agency (EASA). This repeal is in line with the authority granted to CASA under sections 98 and 39.001 of the Civil Aviation Act 1988 and the Acts Interpretation Act 1901, which allows for the repeal of ADs when they are superseded by foreign State of Design ADs. The obligations imposed on the parties governed by this legislation include adherence to the new EASA ADs, which now take precedence over the repealed ADs. Aircraft operators and owners must ensure that they comply with the latest airworthiness requirements set forth by CASA, reflecting the international standards set by EASA. This involves updating maintenance schedules, inspection protocols, and any other relevant procedures to align with the new directives. CASA's role remains crucial in ensuring that these international standards are effectively implemented within Australia's aviation sector. Breaches of these regulations, while not explicitly detailed in the repeal instrument, generally fall under the broader Civil Aviation Safety Regulations 1998, which include a range of civil and criminal penalties. Under section 345 of the Civil Aviation Act 1988, failure to comply with ADs can result in substantial fines and imprisonment. The exact penalties would depend on the specific breach and its impact on aviation safety. It is important for all stakeholders to be aware of these potential consequences to maintain compliance and ensure the safety of air navigation.

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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.