CASA ADCX 018/14 - Repeal of Airworthiness Directives

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Legislation au F2014L01507 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 018/14 — 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 7 ADs for the following reasons.

 

This instrument repeals AD/B727/201 because the requirements of AD/B727/201 have been superseded by United States of America Federal Aviation Administration (FAA) AD 2014-21-09 issued on 15 October 2014 with an effective date of 3 December 2014.

 

This instrument also repeals AD/EC 135/15 Amdt 1 because the requirements of this AD have been superseded by European Aviation Safety Agency (EASA) AD 2010-0227 issued on 3 November 2010 with an effective date of 17 November 2010.

 

This instrument also repeals AD/B737/79 and AD/B737/99 because the requirements of these ADs have been superseded by CASA AD/B737/113 Amdt 1 issued on 19 August 2005 with an effective date of 29 September 2005, which mandates FAA AD 2002-20-07.

 

This instrument also repeals AD/A320/24 Amdt 1, AD/A320/128 and AD/A320/148 Amdt 1 because the requirements of these ADs will be superseded by EASA AD 2014-0237 issued on 29 October 2014 with an effective date of 12 November 2014.

 

Consultation

No consultation with the Australian public has taken place on the repeal of AD/B727/201, AD/EC 135/15 Amdt 1, AD/B737/79, AD/B737/99, AD/A320/24 Amdt 1, AD/A320/128 and AD/A320/148 Amdt 1 as these ADs applied foreign State of Design ADs that will no longer be, or are no longer, in force in the States of Design. The retention of these ADs 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 12 November 2014.

[Instrument number CASA ADCX 018/14]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 018/14 — 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) AD/B727/201, AD/EC 135/15 Amdt 1, AD/B737/79, AD/B737/99, AD/A320/24 Amdt 1, AD/A320/128 and AD/A320/148 Amdt 1 as these ADs applied foreign State of Design ADs that will no longer be, or are no longer, in force in the States of Design.

 

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, as amended, were enacted by the Australian Parliament to ensure the safety of air navigation within Australia. This legislative instrument serves to repeal specific airworthiness directives (ADs) that have been rendered obsolete by new directives issued by the original States of Design or by the Civil Aviation Safety Authority (CASA). The repeal is intended to reduce regulatory burden and ensure that the ADs remain relevant and effective. The instrument was made by a delegate of CASA under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The repeal of these particular ADs is considered necessary as they no longer serve a purpose due to the issuance of more recent directives by the original States of Design. Consequently, no further consultation was deemed necessary, and a Regulation Impact Statement was not required for this repeal. Additionally, a Statement of Compatibility with Human Rights was prepared, confirming that the repeal does not engage any of the applicable rights or freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by the instrument CASA ADCX 018/14, apply to entities and individuals involved in the aviation industry within Australia, particularly those responsible for the airworthiness of aircraft. The regulations govern the issuance and enforcement of airworthiness directives (ADs) that pertain to the continuing airworthiness of aircraft and aeronautical products. The repeal of specific ADs under this instrument directly affects those who must comply with these directives. Geographically, the application of these regulations is within Australia, aligning with the broader national and international obligations under the Convention on International Civil Aviation. The repealed ADs, which originally applied foreign State of Design ADs, are no longer in effect in their respective States of Design, rendering them redundant in Australia. This repeal simplifies compliance for stakeholders by eliminating outdated requirements, thereby reducing regulatory burden. The instrument does not introduce any new exclusions, exemptions, or thresholds but rather streamlines existing regulations by removing superseded directives.

Key Provisions

The key operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) involved in this instrument include sections 39.001 and 39.001A, which pertain to the issuance and acceptance of airworthiness directives (ADs). Section 39.001 allows the Civil Aviation Safety Authority (CASA) to issue an AD for a kind of aircraft or aeronautical product, while section 39.001A requires CASA to accept a foreign State of Design AD for a type of aircraft on the Australian Register. Furthermore, the instrument is made under the authority provided by section 98 of the Civil Aviation Act 1988, empowering the Governor-General to make regulations for the Act in the interests of air navigation safety. The obligations and requirements imposed by the Act and the CASR 1998 on the parties and entities they govern include the need for CASA to accept foreign State of Design ADs for aircraft types on the Australian Register, while also having the authority to grant exclusions or approve alternative means of compliance. The State of Registry of an individual aircraft must develop or adopt requirements to ensure the continuing airworthiness of aircraft in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Design has the 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. The instrument does not explicitly mention any specific offences, penalties, or civil/criminal consequences for breach of the repealed ADs. However, it is important to note that non-compliance with airworthiness directives can lead to various penalties, including fines, suspension or revocation of aircraft certificates, and other enforcement actions under the Civil Aviation Act 1988 and the CASR 1998. The exact penalties for non-compliance will depend on the specific circumstances of the breach and the applicable laws and regulations.

Legal classification tags

Area of Law
Aviation Law
Instrument
Regulation
Concepts
Repeal & Amendment
Compliance Obligations
Regulatory Standards
Catchwords
Airworthiness Directives

Interactions

Authorises

All Versions

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.