CASA ADCX 016/15 - Repeal of Airworthiness Directive

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Legislation au F2015L01654 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 016/15 — 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/SWSA226/82 because the requirements of AD/SWSA226/82 have been superseded by United States of America Federal Aviation Administration AD 2015-19-10 issued on 17 September 2015 with an effective date of 3 November 2015.

 

Consultation

No consultation with the Australian public has taken place on the repeal of AD/SWSA226/82. This AD applied a foreign State of Design AD that will no longer be in force in the States 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 3 November 2015.

 

[Instrument number CASA ADCX 016/15]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 016/15 — 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/SWSA226/82 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, enacted under the Civil Aviation Act 1988, govern the safety of air navigation in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products. This legislative framework is essential in maintaining the high safety standards required by international civil aviation agreements. The repeal of Airworthiness Directive AD/SWSA226/82 by the instrument CASA ADCX 016/15 addresses the need to update and harmonise Australian aviation safety regulations with those of the United States Federal Aviation Administration. The repeal occurred because the original AD has been superseded by a more recent AD issued by the Federal Aviation Administration, effective from 3 November 2015. This repeal ensures that Australian regulations remain aligned with international standards and practices, thereby enhancing the overall safety of civil aviation in Australia.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) apply to all entities involved in civil aviation activities within Australia, including aircraft operators, manufacturers, and maintenance organisations. This legislation is instrumental in ensuring the safety of air navigation and the continuing airworthiness of aircraft. It applies nationally and is overseen by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. The Act allows CASA to issue airworthiness directives (AD) for particular kinds of aircraft or aeronautical products, and these directives must be accepted by Australian entities unless an exclusion or alternative means of compliance is granted. The repealed airworthiness directive AD/SWSA226/82 specifically related to inspection and maintenance of certain aircraft and was superseded by a United States Federal Aviation Administration AD. The repeal of AD/SWSA226/82 reflects the international nature of airworthiness standards, where the State of Design has the overarching responsibility for continuing airworthiness, and CASA must align with directives from other International Civil Aviation Organization Contracting States. The legislative instrument detailing this repeal was made under the powers conferred by the Civil Aviation Act 1988 and the Acts Interpretation Act 1901, and it commenced on 3 November 2015.

Key Provisions

The main operative sections of this legislation pertain to the repeal of Airworthiness Directive (AD) SWSA226/82, which is no longer applicable due to its supersession by a newer directive from the United States Federal Aviation Administration (subsection 98(5B) and (5BA) of the Civil Aviation Act 1988 and regulation 39.001A of the Civil Aviation Safety Regulations 1998). This repeal reflects the evolving nature of airworthiness standards and the need for continuous alignment with international practices. The Civil Aviation Safety Authority (CASA) is mandated to ensure that aircraft and aeronautical products meet the necessary safety standards, which includes the adoption and enforcement of relevant airworthiness directives issued by other countries. The obligations imposed by this legislation on the parties governed by it are primarily centered on compliance with the latest applicable airworthiness directives. CASA, as Australia's national airworthiness authority, must ensure that all relevant ADs are recognised and enforced. Aircraft operators and other stakeholders must adhere to the directives issued by CASA, which may include compliance with foreign ADs or alternative means of compliance approved by CASA. This ensures a standardised approach to maintaining the airworthiness of aircraft registered in Australia. Breach of the obligations under this legislation can result in various consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory statement, non-compliance with airworthiness directives generally carries significant risks. Such risks include potential grounding of aircraft, enforcement actions by CASA, and in severe cases, criminal penalties for individuals or corporations responsible for non-compliance. The severity of the penalties typically correlates with the degree of safety risk posed by the non-compliance. Given the critical nature of air safety, regulatory breaches are treated with utmost seriousness, and CASA has the authority to take decisive actions to enforce compliance.

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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.