Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:15:p143
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 15 (pt 143/182)
Character Range: 512148–515008

be sent to CASA
39.006 Request for review of operation of Australian airworthiness directive
39.007 Action to be taken by CASA on receiving request under regulation 39.006

39.001A  Definitions
  In these Regulations:
airworthiness directive means:
 (a) an Australian airworthiness directive; or
 (b) for a type certificated aircraft—a foreign State of Design airworthiness directive issued on or after 1 October 2009; or
 (c) for a model of type certificated aircraft that is first registered in Australia on or after 1 October 2009—a foreign State of Design airworthiness directive issued before 1 October 2009 for that model or for an aeronautical product that is part of, or used in, that model.
Australian airworthiness directive means a document, as in force from time to time, issued by CASA under subregulation 39.001(1).
foreign State of Design airworthiness directive, for a kind of aircraft or aeronautical product for which Australia is not the State of Design, means a document, as in force from time to time, that:
 (a) is issued by the national aviation authority of the State of Design of the aircraft or aeronautical product; and
 (b) is of the same nature as an Australian airworthiness directive.

39.001  CASA may issue Australian airworthiness directives
 (1) For paragraph 98(5A)(b) of the Act, CASA may issue an Australian 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.

39.002  Aircraft or aeronautical products covered by airworthiness directive
 (1) If an airworthiness directive 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 airworthiness directive under subregulation (2) or paragraph 39.004(2)(b) or (3)(b), all aircraft or aeronautical products of that kind are covered by the airworthiness directive until:
 (a) the airworthiness directive is revoked; or
 (b) the requirements of the airworthiness directive have been complied with; or
 (c) the requirements of a means of compliance with the airworthiness directive, approved by CASA under paragraph 39.004(2)(a) or (3)(a), have been complied with; or
 (d) the requirements of a