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have been given by CASA; and
(d) for these regulations, CASA may suspend or cancel an approval
given by or for the FAA or the Administrator under that Part as if
it had been given by CASA, if it is necessary in the interests of
aviation safety.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 35 — 2
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Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 39 — 1
PART 39 Airworthiness directives
Note This Part is made up as follows:
39.001 CASA may issue airworthiness directives
39.002 Aircraft etc covered by AD
39.003 Australian aircraft covered by AD etc not to be operated
39.004 Aircraft etc excluded from operation of AD on adoption of
alternative method for correcting unsafe condition
39.005 Aircraft etc excluded from operation of AD because unsafe
condition has ceased to exist
39.006 Request for review of operation of AD
39.007 Action to be taken by CASA on receiving request under
regulation 39.006
39.001 CASA may issue airworthiness directives
(1) CASA may issue an airworthiness directive for a kind of aircraft, or a
kind of aeronautical product, if:
(a) an unsafe condition exists in an aircraft or aeronautical product
of that kind; and
(b) the condition exists, or is likely to exist, or could develop, in
other aircraft or aeronautical products of that kind.
(2) The airworthiness directive must:
(a) be in writing; and
(b) state the kind of aircraft or aeronautical product to which it
relates; and
(c) require that the action set out in the instrument (being action that
relates to aircraft or aeronautical products of the kind stated and
is, in the opinion of CASA, necessary to correct the unsafe
condition) be taken at the time, or in the circumstances,
mentioned in the instrument.
(3) Subject to subregulation (4), the airworthiness directive may require a
person to comply with either or both of the following:
(a) a directive (a foreign directive) mentioned in the airworthiness
directive that:
(i) is issued by the NAA of a foreign country; and
(ii) is of the same nature as an airworthiness directive;
(b) an instruction, direction or requirement that:
(i) is issued by the manufacturer of aircraft or aeronautical
products of the kind to which the airworthiness directive
relates; and
(ii) is mentioned in the airworthiness directive.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 39 — 2
(4) The airworthiness directive may require a person to comply with a
foreign directive, or an instruction, direction or requirement
mentioned in paragraph (3) (b), as in force or existing either at a
particular time or from time to time.
(5) An airworthiness directive issued under subregulation (1) is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Note For aeronautical product see the Dictionary.
39.002 Aircraft etc covered by AD
If an AD has been issued for a kind of aircraft or a kind of
aeronautical product, then, except for aircraft or aeronautical products
excluded from the operation of the AD under regulation 39.4 or 39.5,
all aircraft or aeronautical products of that kind are covered by the AD
until:
(a) the AD is revoked; or
(b) all the requirements of the AD have been complied with.
Note For AD and aeronautical product see the Dictionary.
39.003 Australian aircraft covered by AD etc not to be operated
(1) A person must not operate an Australian aircraft that is covered by an
AD (other than an aircraft to which subregulation (4) applies), or that
is fitted with an aeronautical product covered by an AD (other than an
aircraft to which subregulation (5) applies):
(a) in breach of any requirement of the AD that affects the operating
limitations of the aircraft; or
(b) while any other requirement of the AD has not been complied
with.
Penalty: 50 penalty units.
Note For Australian aircraft see subsection 3 (1) of the Act; for AD and
aeronautical product see the Dictionary.
(2) The registered operator of an Australian aircraft that is covered by an
AD (other than an aircraft to which subregulation (4) applies), or that
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