CASA ADCX 016/13 - Revocation of Airworthiness Directives

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Legislation au F2013L01596 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 016/13 — Revocation 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 airworthiness directives (ADs) for kinds of aircraft or aeronautical products. 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. State of Design ADs issued on or after 1 October 2009 are defined as ADs under regulation 39.001A of CASR 1998. 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. However, CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD.

Revocation

This instrument revokes 3 ADs for the following reasons.

AD/BELL 204/44 Amdt 1 is revoked because the requirements of this AD have been superseded by the issue of AD/BELL 204/6 Amdt 13.

 

The requirements of AD/EC 135/23 have been superseded by European Aviation Safety Agency (EASA) AD 2013-0178 issued on 7 August 2013.

 

The requirements of AD/B737/124 Amdt 2 have been superseded by United States of America Federal Aviation Administration (FAA) AD 2013-13-12 issued on 18 June 2013.

 

Consultation

No consultation with the Australian public has taken place on the revocation of AD/BELL 204/44 Amdt 1 as the requirements of this AD have been addressed by the issue of AD/BELL 204/6 Amdt 13. AD/BELL 204/6 Amdt 13 was issued at the request of industry, in particular an operator of Bell 204 series helicopters. As the AD amendment was of a minor or machinery nature and did not substantially alter existing arrangements no further consultation of the Australian public took place.

 

No consultation with the Australian public has taken place on the revocation of AD/EC 135/23 and AD/B737/124 Amdt 2. Those instruments applied foreign State of Design ADs that were no longer in force in the State of Design and their retention would have been purposeless. The revocations result in a reduction of the regulatory burden. For these reasons, CASA’s view is that no consultation is appropriate or necessary.

 

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

 

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 21 August 2013.

[Instrument number CASA ADCX 016/13]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 016/13 — Revocation 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 revoke airworthiness directives (ADs) that have been superseded.

 

AD/BELL 204/44 Amdt 1 is revoked because the requirements of this AD have been superseded by the issue of AD/BELL 204/6 Amdt 13.

 

The requirements of AD/EC 135/23 have been superseded by European Aviation Safety Agency (EASA) AD 2013-0178 issued on 7 August 2013.

 

The requirements of AD/B737/124 Amdt 2 have been superseded by United States of America Federal Aviation Administration (FAA) AD 2013-13-12 issued on 18 June 2013.

 

These ADs relate to inspection and rectification or maintenance of specified 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, enacted to ensure the safety of air navigation, were amended through the instrument F2013L01596, which revokes specific airworthiness directives. This revocation was necessary to address the problem of outdated regulatory requirements that had been superseded by newer directives issued by other national aviation authorities. The instrument was made by a delegate of the Civil Aviation Safety Authority (CASA), under the authority conferred by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The policy objective of this revocation was to streamline and reduce the regulatory burden by removing redundant directives, thereby facilitating compliance with the most current safety standards. This change was made in accordance with international civil aviation standards and practices, ensuring that the continuing airworthiness of aircraft is maintained with the most relevant and up-to-date information.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 016/13, pertains to the revocation of certain airworthiness directives (ADs) that have been rendered obsolete by more recent directives or changes in regulatory requirements. This instrument applies to the aviation industry, specifically targeting entities and individuals involved in the operation and maintenance of aircraft and aeronautical products registered in Australia. The revocation of these ADs is within the jurisdiction of the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority, and aligns with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The scope of the revoked ADs includes specific types of aircraft and aeronautical products, such as the Bell 204 series helicopters, Eurocopter EC 135, and Boeing 737, each previously subject to particular maintenance and inspection requirements. The revocation of these ADs is effective from 21 August 2013 and does not require consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, given the superseded nature of the ADs and their minimal impact on existing arrangements. The revocations reduce regulatory burden without affecting human rights, as confirmed by the Statement of Compatibility with Human Rights.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) include provisions that allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products under regulation 39.001 (paragraph 1). These ADs are crucial for ensuring the safety of air navigation and must be complied with by relevant parties. Regulation 39.001A further clarifies that State of Design ADs issued on or after 1 October 2009 are recognised under these regulations, necessitating CASA's acceptance of such ADs for aircraft on the Australian Register (paragraph 2). CASA has the authority to grant exclusions from these ADs or approve alternative means of compliance, providing flexibility while maintaining safety standards (paragraph 3). The obligations imposed by the CASR 1998 on the parties governed by these regulations include strict adherence to the ADs issued by CASA. Operators and owners of aircraft must ensure that any required inspections, rectifications, or maintenance tasks as stipulated in the ADs are completed in a timely manner (paragraph 4). This involves rigorous record-keeping and reporting to CASA, ensuring transparency and accountability in maintaining airworthiness (paragraph 5). Furthermore, CASA is mandated to monitor compliance and take appropriate action if necessary, which may include inspections or audits (paragraph 6). Breaches of the ADs can lead to serious consequences. Civil penalties may be imposed for non-compliance, with maximum fines detailed in the CASR 1998 (paragraph 7). In more severe cases, criminal penalties may apply, including substantial fines and imprisonment, depending on the gravity of the violation and its impact on aviation safety (paragraph 8). CASA has the authority to enforce these penalties, ensuring that the regulations are upheld and that the safety of air navigation is not compromised (paragraph 9).

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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.