CASA ADCX 020/15 - Repeal of Airworthiness Directive

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Legislation au F2015L01944 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 020/15 — 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This instrument repeals AD/BAe 146/138 because the requirements of AD/BAe 146/138 have been superseded by European Aviation Safety Agency AD 2015-0228 issued on 24 November 2015 with an effective date of 8 December 2015.

 

Consultation

No consultation with the Australian public has taken place on the repeal of AD/BAe 146/138. This AD applied a foreign State of Design AD that will no longer be in force in the State 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 8 December 2015.

[Instrument number CASA ADCX 020/15]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 020/15 — 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/BAe 146/138 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 (CASR 1998) were enacted by the Australian Parliament to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 were made under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to create regulations for the Act. These regulations include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The CASR 1998 also state that ADs are legislative instruments unless they are specific to a particular person, aircraft, or aeronautical product. The policy objective of the regulations is to maintain and enhance aviation safety standards, in line with international conventions such as Annex 8 to the Convention on International Civil Aviation.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) apply to all aspects of civil aviation safety in Australia, governed by the Civil Aviation Act 1988. Specifically, this regulation pertains to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the CASR 1998. ADs are legislative instruments unless they are specific to a particular person, aircraft, or aeronautical product. These directives are crucial for ensuring the continuing airworthiness of aircraft and aeronautical products. CASA, as Australia's national airworthiness authority, must accept ADs issued by foreign States of Design, although it retains the authority to grant exclusions or approve alternative means of compliance. This particular instrument repeals AD/BAe 146/138, which applied a superseded foreign AD, and it does not require consultation, a Regulation Impact Statement, or a Statement of Compatibility with Human Rights, as it does not engage any applicable rights or freedoms. The repeal is effective from 8 December 2015, aligning with the cessation of the foreign AD in the State of Design.

Key Provisions

The key operative sections of this legislative instrument are sections 98, 33, and 39.001 of the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998, and the Acts Interpretation Act 1901. These sections provide the legislative framework for the making and repealing of airworthiness directives (ADs) and the overall responsibility of the State of Design and State of Registry for continuing airworthiness of aircraft types. Section 98 of the Act allows the Governor-General to make regulations for the Act, while section 33 of the Acts Interpretation Act 1901 allows for the repeal, rescind, revoke, amend, or vary of legislative instruments. Regulation 39.001 of the CASR 1998 allows CASA to issue an AD for a kind of aircraft or aeronautical product. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, the State of Design has overall responsibility for the continuing airworthiness of an aircraft type and must provide any necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry (subsection 98(5B) of the Act). Secondly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft (subsection 98(5BA) of the Act). Thirdly, CASA, as Australia’s national airworthiness authority, must accept a foreign State of Design AD when it is issued for a type of aircraft on the Australian Register. However, CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD (subsection 39.001A of CASR 1998). There are no specific offences, penalties, or civil/criminal consequences mentioned in this legislative instrument for breach. However, failure to comply with an AD may result in enforcement action by CASA, which may include fines, suspension or revocation of airworthiness certificates, and other administrative penalties. The maximum penalties for contraventions of the Civil Aviation Act 1988 and CASR 1998 are set out in the respective legislation and may vary depending on the nature and severity of the breach. It is important for parties and entities governed by this legislation to ensure compliance with ADs and other regulatory requirements to avoid any potential consequences.

Legal classification tags

Area of Law
Environmental Law
Instrument
Regulation
Concepts
Commencement Provisions
Repeal & Amendment
Regulatory Standards
Catchwords
Airworthiness

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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.