CASA ADCX 026/13 - Revocation of Airworthiness Directives

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Legislation au F2014L00041 Not in force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

CASA ADCX 026/13 — 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 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.

Revocation

This instrument revokes 7 ADs for the following reasons.

The requirements of AD/B727/205 Amdt 1 have been superseded by United States of America Federal Aviation Administration (FAA) AD 2013-24-15 issued on
15 November 2013.

 

The requirements of AD/PA-11/2 Amdt 5, AD/PA-11/5 Amdt 8, AD/PA-20/3 Amdt 6, AD/PA-20/17 Amdt 7, AD/PA-22/9 Amdt 5 and AD/PA-22/33 Amdt 7 have been superseded by United States of America FAA AD 99-01-05R1 issued on 22 November 2013.

 

Consultation

No consultation with the Australian public has taken place on the revocations of AD/B727/205 Amdt 1, AD/PA-11/2 Amdt 5, AD/PA-11/5 Amdt 8, AD/PA-20/3 Amdt 6, AD/PA-20/17 Amdt 7, AD/PA-22/9 Amdt 5 and AD/PA-22/33 Amdt 7. These ADs applied foreign State of Design ADs that were no longer in force in the State of Design and their retention would have been purposeless. The revocations 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 8 January 2014.

[Instrument number CASA ADCX 026/13]

Attachment 1

Statement of Compatibility with Human Rights

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

CASA ADCX 026/13 — 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 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, amended by F2014L00041, were enacted to maintain and enhance the safety of air navigation, in accordance with the Civil Aviation Act 1988. This legislative instrument was introduced by the Civil Aviation Safety Authority (CASA) to address the issue of outdated airworthiness directives (ADs) that no longer align with the current safety standards set by the States of Design. The policy objective is to streamline regulatory requirements and reduce unnecessary regulatory burden by revoking ADs that have been superseded by more recent and comprehensive directives issued by the original State of Design. The revocation of these directives aims to ensure that Australian aviation safety regulations remain current and effective, reflecting the latest international standards and practices.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by this instrument, apply to all persons and entities involved in the operation of aircraft registered in Australia, including aircraft owners, operators, and maintenance providers. This legislation falls under the jurisdiction of the Commonwealth, as it is a regulation made under the Civil Aviation Act 1988. The revocation of specific airworthiness directives (ADs) in this instrument pertains to those that have been superseded by new ADs issued by the State of Design, thus ensuring that the regulations remain current and effective in promoting aviation safety. Notably, the revocation of these particular ADs does not require consultation with the Australian public or a Regulation Impact Statement, as the superseded directives would have rendered their retention purposeless and the revocations contribute to a reduction in regulatory burden. This instrument has been made by a delegate of the Civil Aviation Safety Authority (CASA) and commenced on 8 January 2014, pursuant to the powers conferred under the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under section 39.001 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for a specific kind of aircraft or aeronautical product. These directives are intended to ensure the continuing airworthiness of the aircraft and products in line with international standards and practices. The regulations also allow CASA to revoke these directives when newer directives from the aircraft's State of Design supersede them, as outlined in section 39.001A of the CASR 1998. Entities governed by the CASR 1998, including aircraft operators and aeronautical product manufacturers, must comply with the airworthiness directives issued by CASA. This means they must adhere to the specified inspection, maintenance, and rectification requirements outlined in the ADs. The regulations mandate that entities must ensure their aircraft and products meet the airworthiness standards set forth by CASA, which may include implementing the changes or modifications specified in the ADs. Under the Civil Aviation Act 1988, failure to comply with an airworthiness directive can result in both civil and criminal penalties. Civil penalties may include fines and other regulatory actions against the non-compliant entity. In severe cases, non-compliance could also lead to criminal charges, with penalties including imprisonment for directors or officers of the entity responsible for the non-compliance. The exact penalties depend on the specific circumstances and the severity of the non-compliance. The revocation of certain ADs, as detailed in this instrument, is intended to reduce the regulatory burden and streamline compliance for entities. By revoking superseded ADs, CASA ensures that only current and applicable directives remain in force, which helps entities focus on complying with the most recent safety requirements. This legislative instrument has been crafted to maintain high safety standards while also reducing unnecessary regulatory complexities.

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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.