CASA ADCX 018/15 - Repeal of Airworthiness Directives

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Legislation au F2015L01751 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 018/15 — 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/LYC/90 Amdt 2 because a review of the requirements of this AD has established that existing legislation addresses the unsafe condition identified by AD/LYC/90 Amdt 2.  The requirements of this AD have been superseded by United States of America Federal Aviation Administration (FAA) AD 2015‑19-07 issued on 11 September 2015 with an effective date of 3 November 2015, for affected engines certified to “CAR 13”. For engines certified to “FAR 33” the equivalent actions are contained within the Airworthiness Limitations Section of the dedicated Engine Maintenance Manual.

 

This instrument also repeals AD/B747/261 Amdt 2 because the requirements of this AD have been superseded by FAA AD 2015-22-01 issued on 19 October 2015 with an effective date of 1 December 2015.

 

Consultation

No consultation with the Australian public has taken place on the repeal of AD/LYC/90 Amdt 2 and AD/B747/261 Amdt 2. 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 repeal results 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 4 November 2015.

[Instrument number CASA ADCX 018/15]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 018/15 — 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 2 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, as amended by F2015L01751, were enacted by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. The instrument repeals two specific airworthiness directives (ADs), AD/LYC/90 Amdt 2 and AD/B747/261 Amdt 2, which have been superseded by newer foreign State of Design ADs. The Civil Aviation Act 1988 empowers CASA to issue regulations in the interest of safety, and under the Acts Interpretation Act 1901, CASA has the authority to repeal, rescind, revoke, amend, or vary any instrument. This repeal aims to align Australian regulations with international standards and reduce regulatory burden, thereby promoting safety and efficiency in air navigation without unnecessary duplication of requirements.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 018/15, pertain to the safety of air navigation in Australia and apply to all aircraft registered in Australia, as well as to aeronautical products used in Australian airspace. This regulation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These directives are legislative instruments unless explicitly stated to apply to a particular person, aircraft, or product. The authority to issue, repeal, or amend ADs derives from the Civil Aviation Act 1988 and the Acts Interpretation Act 1901. CASA, as Australia’s national airworthiness authority, must accept foreign State of Design ADs for aircraft on the Australian Register but can grant exclusions or approve alternative compliance means. This particular legislative instrument repeals two ADs because they have been superseded by more recent directives from the United States Federal Aviation Administration, thereby reducing regulatory burden without necessitating further consultation or a Regulation Impact Statement. The repeal of these ADs aligns with international obligations under Annex 8 to the Convention on International Civil Aviation and ensures continued compliance with safety standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain provisions that allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation, as specified in sections 39.001 and 39.001A. These ADs are designed to maintain the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that support these safety measures. Furthermore, section 33 of the Acts Interpretation Act 1901 empowers CASA to repeal, rescind, revoke, amend, or vary these ADs as necessary. The obligations imposed by this legislation include CASA's responsibility to accept foreign State of Design ADs for aircraft types registered in Australia. CASA can, however, grant exclusions from these ADs or approve alternative means of compliance as outlined in section 39.001A of CASR 1998. The State of Registry is also obligated to ensure the continuing airworthiness of aircraft registered within its jurisdiction, developing or adopting requirements to meet this obligation. This includes ensuring that any superseded ADs are repealed, thereby reducing the regulatory burden and maintaining up-to-date safety standards. Breaches of these regulations can result in significant consequences. Civil Aviation Safety Regulations 1998 do not explicitly state penalties for non-compliance with ADs; however, non-compliance with safety directives generally could lead to enforcement actions, fines, or other penalties under the Civil Aviation Act 1988. The maximum penalties for breaches of aviation safety regulations can include substantial fines and imprisonment, reflecting the critical nature of maintaining airworthiness standards. The safety of passengers, crew, and the public is paramount, and any failure to comply with airworthiness directives can lead to severe civil and criminal repercussions. This legislative instrument has been crafted to ensure that ADs remain current and relevant, thereby facilitating safer air travel. The repeal of certain ADs that have been superseded by more recent directives from the State of Design reflects CASA’s commitment to reducing regulatory burden while maintaining high safety standards. The compatibility statement ensures that these changes align with human rights obligations, as no adverse human rights implications have been identified. The streamlined process for repealing outdated ADs demonstrates CASA's dedication to efficient and effective regulation in the aviation sector.

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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.