CASA ADCX 018/13 - Revocation of Airworthiness Directives

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Legislation au F2013L01700 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 018/13 — 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 4 ADs for the following reasons.

The requirements of AD/BAe 146/115 have been superseded by European Aviation Safety Agency (EASA) AD 2013-0200 issued on 30 August 2013.

 

The requirements of AD/ECUREUIL/120 Amdt 1 have been superseded by EASA AD 2012-0252 issued on 28 November 2012.

 

The requirements of AD/B747/41 Amdt 1 will be superseded by United States Federal Aviation Administration AD 2013-16-24 issued on 2 August 2013.

 

The requirements of CASA AD/A320/5 will be superseded by AD/A320/9 Amdt 1.

 

Consultation

No consultation with the Australian public has taken place on the revocations of these ADs.

 

AD/BAe 146/115, AD/ECUREUIL/120 Amdt 1 and AD/B747/41 Amdt 1 applied foreign State of Design ADs that were no longer, or will no longer be, in force in the State of Design and their retention would have been purposeless.

 

The requirements of CASA AD/A320/5 will be incorporated into AD/A320/9 Amdt 1. Consequently AD/A320/5 will be revoked to remove the duplicate requirements.

 

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 17 September 2013.

[Instrument number CASA ADCX 018/13]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 018/13 — 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 or will be superseded.

 

The requirements of AD/BAe 146/115 and AD/ECUREUIL/120 Amdt 1 have been superseded by ADs issued by the European Aviation Safety Agency. The requirements of AD/B747/41 Amdt 1 will be superseded by an AD issued by the Federal Aviation Administration of the United States of America.

 

The requirements of CASA AD/A320/5 will be superseded by AD/A320/9 Amdt 1.

 

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 were enacted to ensure the safety of air navigation in Australia, providing a regulatory framework that the Civil Aviation Safety Authority (CASA) can use to issue airworthiness directives (ADs). The regulations were introduced to address the need for consistent and enforceable safety standards across the aviation industry. This legislative instrument, CASA ADCX 018/13, was made by a delegate of CASA under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it aims to revoke certain ADs that have been or will be superseded by other regulatory authorities. The revocation of these ADs is intended to streamline regulations and reduce unnecessary administrative burdens, while maintaining the overarching goal of ensuring the continuing airworthiness of aircraft within Australia. The instrument, which commenced on 17 September 2013, does not require consultation with the Australian public, as it primarily addresses the redundancy of certain ADs that have been superseded by directives from other international regulatory bodies.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 018/13, govern the revocation of airworthiness directives (ADs) under the Civil Aviation Act 1988. This instrument applies to the types of aircraft and aeronautical products specified in the revoked ADs, ensuring that outdated or superseded directives are removed from the regulatory framework. The Civil Aviation Safety Authority (CASA) is empowered to issue, revoke, or modify ADs to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation. The revocation of these ADs, including AD/BAe 146/115, AD/ECUREUIL/120 Amdt 1, AD/B747/41 Amdt 1, and CASA AD/A320/5, is intended to streamline regulations and reduce the regulatory burden by eliminating redundant directives. This instrument's scope is confined to Australia, and it directly affects entities involved in the maintenance and operation of specified aircraft types. The revocations are effective as of 17 September 2013, and the instrument does not specify any exclusions or exemptions beyond the directives it revokes.

Key Provisions

The main operative sections of this legislation concern the revocation of certain airworthiness directives (ADs) as per the Civil Aviation Safety Regulations 1998 (CASR 1998). Specifically, sections 98 and 33 of the Civil Aviation Act 1988 and regulation 39.001 of the CASR 1998 provide the authority for the Civil Aviation Safety Authority (CASA) to issue and revoke ADs. This particular instrument revokes four ADs: AD/BAe 146/115, AD/ECUREUIL/120 Amdt 1, AD/B747/41 Amdt 1, and CASA AD/A320/5. These ADs are being revoked because they have been or will be superseded by more recent ADs issued by other aviation authorities or because they will be incorporated into a newer AD. The obligations imposed by this Act on the parties governed by these ADs include adherence to the new or amended ADs that supersede the revoked directives. For example, operators of the affected aircraft types must comply with the new ADs issued by the European Aviation Safety Agency (EASA) or the Federal Aviation Administration (FAA), depending on the aircraft type. CASA, as the national airworthiness authority, must accept and enforce these new ADs. The revocation of these ADs also relieves the regulatory burden on operators and ensures that the ADs in force are current and relevant. Breach of these ADs, either before or after their revocation, can result in various consequences. The CASR 1998 and the Civil Aviation Act 1988 outline specific offences and penalties for non-compliance with airworthiness directives. For instance, failure to comply with an AD can be considered an offence under the Civil Aviation Act 1988, potentially leading to criminal charges and penalties. The maximum penalties can include substantial fines and imprisonment. Additionally, non-compliance with airworthiness requirements can also result in civil consequences such as the suspension or revocation of an aircraft's certificate of airworthiness, which could prevent the aircraft from being operated. Given that these ADs are being revoked due to supersession by newer directives, it is essential for operators to stay informed about changes in regulatory requirements. Failure to update their compliance practices accordingly could result in serious legal and operational repercussions. This legislative instrument thus serves to streamline and modernise the regulatory framework for airworthiness, ensuring that the highest safety standards are maintained through the enforcement of the most current directives.

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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.