CASA ADCX 031/10 - Revocation of Airworthiness Directives

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Legislation au F2010L03149 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Regulations 1988

Revocation of Airworthiness Directives

Legislation

Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative 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 ICAO 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. 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 assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.

State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.

AD/GENERAL/4 Amdt 4

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/33 Amdt 1

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/48 Amdt 3

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/57 Amdt 1

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/60 Amdt 1

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/61 Amdt 2

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/63 Amdt 1

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/64 Amdt 2

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/66 Amdt 1

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/67 Amdt 3

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/68 Amdt 4

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/70 Amdt 1

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/71 Amdt 1

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/73

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/74 Amdt 1

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/76 Amdt 2

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/84 Amdt 2

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

AD/GENERAL/85

The requirements of this Airworthiness Directive have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’.

Consultation

No consultation with the Australian public has taken place on these AD cancellations. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.

The AD has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.

[Instrument number CASA ADCX 031/10]

Overview

The Civil Aviation Regulations 1988 were enacted to address the need for a comprehensive framework to ensure the safety and efficiency of civil aviation within Australia. This Act was introduced by the Australian Parliament to provide a legislative basis for the regulation of civil aviation, in line with international standards and best practices. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. However, certain ADs issued by the State of Design on or after 1 October 2009 were subsequently transposed to the Civil Aviation Safety Regulations (1998) Part 90 'Additional Airworthiness Requirements'. This revocation of specific ADs was made under section 98 of the Civil Aviation Act 1988, with the aim of streamlining and updating the regulatory framework in accordance with evolving safety standards and operational practices.

Scope and Application

The Civil Aviation Regulations 1988, as revoked by F2010L03149, apply to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments issued to ensure the continuing airworthiness of aircraft and aeronautical products. The scope of this regulation applies to all aircraft and aeronautical products within Australia, which are subject to the oversight of CASA. This includes aircraft registered in Australia as well as those that are manufactured within the country, thereby extending its jurisdictional reach to all entities and individuals involved in the aviation industry. The ADs themselves are intended to mandate specific requirements to maintain the airworthiness of aircraft and are applicable to the State of Registry of an individual aircraft, which is responsible for ensuring compliance with the ADs. While the specific ADs mentioned in the explanatory statement have been transposed to Civil Aviation Safety Regulations (1998) Part 90 ‘Additional Airworthiness Requirements’, no consultation with the Australian public has taken place regarding these AD cancellations, and no Regulatory Impact Statement has been deemed necessary.

Key Provisions

The Civil Aviation Regulations 1988 (the "Regulations") under section 98 of the Civil Aviation Act 1988 (the "Act") provide the legislative basis for the issuance and revocation of airworthiness directives (ADs). Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are considered legislative instruments as per subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998. The Regulations mandate that when a State of Design issues an AD against a type of aircraft on the Australian Register, CASA must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. The obligations imposed by the Act and the Regulations on the parties governed by them are primarily concerned with ensuring the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, is responsible for assessing the ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs. This ensures that the requirements set forth by the State of Design are met and that the aircraft remain airworthy. Furthermore, the State of Registry of an individual aircraft is obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft, in line with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. Breach of the obligations set out in the Act and the Regulations can lead to various civil and criminal consequences. Failure to comply with an AD may result in severe penalties, as the ADs are integral to maintaining airworthiness standards. Civil Aviation Orders (CAOs) and other regulations may impose fines and sanctions for non-compliance with ADs. The maximum penalties for such breaches are not explicitly stated in the text but can be severe, reflecting the critical importance of adhering to airworthiness directives to ensure safety in air navigation.

Area of Law: Civil Aviation Law
Instrument: Regulation
Concepts: Regulatory Standards; Reporting & Disclosure Obligations; Enforcement Powers; Compliance Obligations; Definitions & Interpretation

Interactions

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.