Airworthiness Directives 2004 - Revocation and Remaking - Cessna 400 Series Aeroplanes

The instrument operates on three principal concepts drawn from its own text: revocation, remaking as separate instruments, and identity of content with the latest published edition.

Revocation, as used here, is the formal removal of the current Airworthiness Directives listed in Schedule 1 from their existing instrument status. The instrument does not set out revocation mechanics beyond the single clause that the delegate "revoke the Airworthiness Directives mentioned in Schedule 1." The practical effect, according to the instrument, is that those prior AD instruments will cease to be the operative instruments they were before this action.

Remaking as separate instruments is the complementary action. The instrument states that each Airworthiness Directive mentioned in Schedule 1 is to be made "as separate instruments" and attached. The phrasing indicates a structural re-issue, where each AD becomes its own individual instrument appended to this revocation/remaking instrument. The instrument therefore effects both deletion and re-creation, shifting the locus of the legal texts from their prior instrument instances to newly issued separate instruments attached to this document.

Identity with the latest published edition is declared in the instrument Note: "Each attached Airworthiness Directive is being re-made in exactly the same form as appears in the latest published edition of the Directive." That statement ties the content of the remade ADs to whatever constitutes the "latest published edition" at the time of remaking. The instrument does not itself reproduce those editions in-line, it simply asserts identity with them, and attaches the separate instruments.

The instrument is made under a delegated statutory power. The delegate signs the instrument "acting under subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998." The instrument therefore invokes a specific maintenance and airworthiness regulatory power in CASR 1998. No other statutory powers, dates of operation for the remade ADs, or enforcement mechanisms are set out inside this instrument beyond that subregulatory citation and the signing date, 20 December 2004.

Schedule 1 organises the action by AD title and AD number. The listed ADs cover a wide array of parts, systems, inspections, modifications, replacements, and placard or placard-related requirements, as reflected by the titles in the Schedule. Several entries are annotated "Amdt" indicating amendment history within the title of the listed AD, and some entries are marked "CANCELLED," as shown in the Schedule. The instrument does not elaborate on the substance of any AD beyond the titles and AD numbers listed in the Schedule.

The instrument identifies itself as affecting "Cessna 400 Series Aeroplanes" through the Schedule heading and the list of ADs, which are all titled and numbered as AD/CESSNA 400/[number]. The legal action therefore concerns the set of Airworthiness Directives that are associated with that aircraft series, as enumerated in Schedule 1.

Because the instrument revokes and re-makes Airworthiness Directives, the immediate legal subjects of the action are the AD instruments listed and the newly made separate instruments that replace them. The instrument does not name individual persons or corporate entities as addressees, nor does it list operators, owners, maintenance organisations, registrants, or other categories explicitly. The text confines itself to the AD instruments and their attachment.

Readers and users who rely on this instrument in practice will therefore need to infer from the nature of ADs, and from the Schedule's aircraft-series specificity, which actors must take action. The Schedule’s titles show the technical focus of the ADs , for example inspections, modifications and replacements affecting fuselage, landing gear, fuel system components, control surfaces, wiring, exhaust system components and placards. Those specific component headings indicate the categories of aircraft hardware and documentation implicated by the ADs listed.

The instrument is signed by a CASA delegate, David Alan Villiers, and is made under a CASR subregulation. The presence of a delegate as the decision-maker signals that the power exercised is within the CASA regulatory framework; the instrument itself does not identify internal CASA units or officers beyond the delegate. The signature and statutory citation locate the decision-maker within Australia's aviation regulator.

Schedule 1 contains entries with several administrative annotations such as "Amdt" and "CANCELLED." Those annotations may indicate prior amendment or cancellation status in the existing AD record, and thus may have implications for whatever natural or legal persons were affected by those earlier actions. The instrument does not explicate those implications; it simply lists the ADs to be revoked and re-made.

Finally, the instrument does not state penalties, enforcement mechanisms, or compliance dates within its own text. To determine duties running to particular persons or organisations, or to identify who pays for compliance measures, one must consult the text of the attached re-made ADs. The remade ADs, which the Note says are identical to the latest published editions, will contain the operative requirements and any specified compliance timing or responsibilities.

The instrument’s operative duty is organisational and administrative rather than a direct operational duty imposed on persons: it requires that the Airworthiness Directives listed in Schedule 1 be revoked and re-made as separate instruments attached to the instrument. That administrative duty is assigned to the delegate of CASA acting under subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998; the instrument is signed by that delegate on 20 December 2004.

The instrument does not, in its text, set out operational duties such as inspection intervals, modification works, replacement parts, or placarding obligations. The Note indicates that each attached Airworthiness Directive is re-made "in exactly the same form as appears in the latest published edition of the Directive." Accordingly, the substantive duties and the rights that arise for third parties will be those set out in the attached separate AD instruments. The main instrument therefore creates a structural duty to re-issue the listed ADs in separate form, and leaves the substantive compliance obligations to the attachments.

Rights under this instrument are similarly limited. The instrument establishes the legal authority under which the delegate acts, but it does not create express rights of appeal, review, or relief in its text. The instrument does not include any provision about review rights, nor does it state operational commencement or lapse dates for the remade ADs. Any rights of affected parties , for example any right to seek variation, exemption, review, or judicial challenge , are not specified in the instrument and would need to be sought in the broader CASR 1998 framework or in the texts of the separate ADs, if those texts provide procedural mechanisms.

Where Schedule 1 entries are annotated "Amdt" or "CANCELLED" the instrument makes no separate provision addressing the legal status of amended or cancelled ADs; it simply lists them for revocation and re-creation. The note that the remade ADs are to mirror the "latest published edition" places weight on the publication record as the source of the substantive obligations. Therefore any person or organisation seeking to identify their duties, rights and timeframes must consult the attached individual AD instruments or the relevant published editions that the Note references.

The instrument locates the decision-making power in a CASA delegate under a specific CASR subregulation. That establishes a chain of authority from the CASR to the specific instrument, but the instrument itself does not expand or constrain the powers conferred by the CASR beyond exercising them for the listed ADs. In short, the instrument creates an administrative obligation on the regulator to revoke and re-make the listed ADs, and leaves the operational compliance duties and any related rights to the separate AD instruments which are attached and, per the Note, identical to their latest published forms.

The instrument itself contains no penalty provisions, sanctioning language, or enforcement mechanisms. Its operative clauses are confined to revocation and re-creation of the Airworthiness Directives listed in Schedule 1, and there are no express statements about enforcement steps, breach consequences, infringement notices, or penalties inside the body of the instrument as provided.

The instrument is made under subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998, which the instrument expressly cites as the statutory authority for the delegate's action. The instrument does not reproduce that subregulation or its ancillary provisions, nor does it set out how enforcement under the CASR regime would operate in relation to the re-made ADs. Because the instrument does not itself specify enforcement procedures or penalties, any consequences for non-compliance with the re-made ADs must be discerned from the separate AD instruments attached, or from the broader enforcement framework in the Civil Aviation Safety Regulations 1998 and related regulatory materials.

Schedule 1 contains many AD titles that, by their wording, appear to be enforcement-relevant operational requirements (for example entries labelled "Inspection," "Modification," "Replacement," "Life Limitation," or "Incorporation of"). Those titles indicate the kinds of compliance steps that the attached ADs will address. However, the instrument does not list compliance periods, mandatory checks, or explicit sanctioning language in its own text. Therefore without consulting the attached re-made ADs or the CASR provisions, it is not possible from this instrument alone to state what penalties, if any, apply for failure to comply with the substantive requirements.

Practitioners should note that an administrative act that revokes and remakes ADs in the form described will typically create enforceable obligations in the re-made instruments, but the present instrument does not itself perform enforcement. To determine remedial, civil, or regulatory penalties, and which regulator units are responsible for enforcement, one must consult the re-made AD texts and the Civil Aviation Safety Regulations 1998 text cited as the head of power. The instrument’s silence on penalties in the main body is therefore a material drafting feature: it performs structural housekeeping of the AD instrument corpus without setting out enforcement consequences in the parent instrument.

The instrument expressly situates itself under the Civil Aviation Safety Regulations 1998 by invoking subregulation 39.001 (1) as the head of power for the delegate's action. That is the only cross-reference to external regulatory authority contained within the instrument. No other statutes, regulations, or instruments are cited in the text supplied.

Functionally, the instrument operates on the corpus of Airworthiness Directives for the Cessna 400 series by revoking certain AD instruments and re-issuing them as separate attached instruments. That interaction is internal to the administrative regime governing airworthiness directives: the instrument replaces prior AD instruments with newly issued separate AD instruments that, per the Note, mirror the latest published editions. In that sense the instrument interacts with earlier AD instruments by formally removing them and substituting newly made instruments for the same subject matters and AD numbers listed in Schedule 1.

Schedule 1 contains entries annotated "Amdt" and "CANCELLED." Those annotations indicate that the AD record for some AD numbers has a history of amendment or cancellation. The instrument’s action to revoke and remake touches that amendment and cancellation history by re-issuing the ADs in their latest published form. The instrument does not expressly resolve conflicts between prior AD versions, nor does it state any transitional arrangements for the changeover from older instruments to the re-made ones. The Note’s claim that the re-made ADs are identical to the latest published edition suggests the instrument defers to the publication record as the controlling text for any differences among prior instruments.

Because the instrument does not reproduce the CASR subregulation it relies upon, the exact procedural and legal relations between this instrument and the CASR enforcement or review mechanisms must be determined by consulting subregulation 39.001 (1) itself and other relevant CASR provisions. The instrument does not set any commencements dates for the re-made ADs beyond the signature date, 20 December 2004, nor does it include transitional savings clauses or references to other instruments to be read alongside it.

The instrument also interacts with the publication regime for ADs, because the Note ties the re-made instruments to the "latest published edition" of each AD. Therefore the publication record and whatever publication mechanism CASA uses for ADs are functionally important to determine the exact operative content of the re-made ADs. The instrument does not itself describe that publication mechanism or the date-stamping that establishes the "latest published edition."

In sum, the instrument interacts with the CASR regime by exercising a delegated power, with prior AD instruments by revoking them, and with the AD publication record by reproducing the latest published editions as the content of the re-made separate instruments. The instrument does not reference other laws, nor does it provide details on enforcement, commencement timing, publication mechanics, or dispute-resolution paths; those interactions must be assessed by consulting the CASR and the attached AD texts.

The instrument is dated 20 December 2004 and signed by a CASA delegate, David Alan Villiers. Within the Schedule 1 list there are many entries explicitly annotated "Amdt" or marked "CANCELLED." The instrument’s Note states that the attached Airworthiness Directives are being re-made "in exactly the same form as appears in the latest published edition of the Directive." That statement creates an implicit amendment history link: the re-made ADs reflect whatever amendments, cancellations or editorial changes exist in the latest published versions.

The Schedule shows that some AD numbers have "Amdt" appended, which indicates that those ADs had been previously amended in their published editions, for example "Fuel System-Placards AD/CESSNA 400/11 Amdt" and "Turbocharger Heat Shield AD/CESSNA 400/15 Amdt." Several AD numbers later in the Schedule are similarly annotated with "Amdt" in the text provided. Separately, various entries are flagged "CANCELLED," which suggests that in the published AD record those ADs had been cancelled prior to this instrument. The instrument treats both amended and cancelled ADs as items to be revoked and re-made in the same form as their latest published edition, whatever that edition contains.

The instrument does not provide a history of editions, amendment dates, or the sequence of cancellations and replacements. It does not reproduce previous versions or show tracked changes. Instead, it effects a housekeeping exercise: it revokes the listed AD instruments and issues separate instruments that are exact copies of the latest published editions at the time of re-issue.

There is no textual record in the instrument of any amendment to the main instrument itself other than the signing date. The instrument does not state that it amends prior instruments except by revocation and remaking. It also does not provide a schedule of future amendments, or a mechanism for automatic updating. The Note’s reliance on "latest published edition" signals that the latest public record as of the time of remaking determines the content of the attached ADs, but it does not adopt a continuing, automatic amendment link to future publications.

Because the Schedule contains numerous entries, some with identical or similar titles but different AD numbers, users wishing to trace the amendment history for a particular technical requirement will need to consult the publication history of that specific AD number. The main instrument consolidates the action into a single revocation and remaking exercise but does not itself document prior amendment steps, amendment authors, dates of amendments, or the reasons for amendments or cancellations. That material, where it exists, will be found in the published AD editions and in CASA’s records referenced by the Note.

The instrument contains no reference to litigation, court decisions, or tribunal determinations. There are no case names, citations, or references to legal proceedings in the text supplied. The delegate’s statement of authority and the Schedule listing of ADs are administrative in character, and the instrument itself does not purport to narrate or record any litigation connected to the ADs listed.

Because the instrument does not include any litigation record, users seeking to understand whether any of the ADs or the regulatory action behind them have been challenged in court will need to consult external legal databases, CASA administrative records, or court registries. The instrument does not provide such cross-references or any claim about the absence of litigation.

The absence of litigation material in this instrument is itself a data point: the instrument is an administrative revocation and reissuing of existing ADs, and the text provided functions as a statutory housekeeping measure rather than as the product of or response to litigation. That said, the Schedule shows entries that have been previously amended or cancelled in the AD record, which could have had regulatory or commercial drivers; the instrument however records only the administrative act of revocation and remaking and offers no commentary on disputes, appeals, or judicial review.

If a user requires litigation history as part of compliance or risk assessment, the instrument’s silence on that topic means the user must seek any litigation or appeals material in other sources. The instrument itself does not supply litigation history, nor does it suggest that any of the attached separate AD instruments contain litigation histories.

1. The instrument’s content is structural, not substantive. It revokes and re-makes the AD instruments named in Schedule 1, but it does not reproduce the operative requirements of those ADs in the body of the instrument. The Note says the attached ADs are re-made "in exactly the same form as appears in the latest published edition." Therefore the attachments and the relevant published editions are the actual place to find compliance requirements, timing, and technical detail. Do not treat the main instrument as a replacement for reading each attached AD.

2. Many Schedule 1 entries are annotated "Amdt" or "CANCELLED." Those annotations may mislead if you treat AD titles alone as authoritative. For practical compliance or record-keeping, always use the AD number, not the title alone. The Schedule includes multiple entries with similar or identical titles but different AD numbers; for example the list contains "Engine Mount Beams" at AD/CESSNA 400/81 Amdt and again at AD/CESSNA 400/90 Amdt. Rely on the AD number when locating the attached re-made instrument.

3. The instrument does not state commencement dates for the re-made ADs beyond the signing date of the main instrument, 20 December 2004. The Note’s reference to the "latest published edition" makes publication date material to identifying operative content, but the instrument does not itself timestamp which published edition is controlling. Practitioners must therefore check the attached AD documents and the publication record to determine the precise operative drafts and their effective dates.

4. The statutory basis is cited as subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998. The instrument does not reproduce that subregulation, nor does it state whether other subregulations, legislative provisions, or administrative policies limit or qualify the delegate’s power. Users should not assume the instrument expands or modifies the CASR’s substantive powers; it simply exercises an identified delegated power.

5. The instrument’s Note asserts exact identity with the latest published edition, which creates dependence on the integrity of the AD publication record. If a practitioner has multiple editions or publication sources available, confirm which edition is the "latest published edition" referenced by the instrument, since small editorial variations in AD text can matter for compliance.

6. The instrument does not discuss enforcement or penalties. Do not assume that because the main instrument is silent there are no sanctions for failing to follow the attached ADs; the remade ADs and the CASR framework may supply penalties. In other words, the absence of sanctions in this instrument is an absence of statement, not an absence of potential regulatory or legal consequence.

7. The attachments are necessary to understand obligations. The instrument repeatedly points to attached, separate AD instruments; if the attachments are missing from your copy, do not act on the basis of the Schedule alone.

8. The Schedule includes "CANCELLED" entries. The presence of a "CANCELLED" annotation in the title may indicate that the AD was already cancelled in a prior published edition and that the re-made attached instrument will reflect that cancelled status. Confirm whether a "CANCELLED" entry in a re-made AD means an active prohibition, a historical note, or no operative requirements at all by reading the attached AD carefully.

9. The instrument is limited to the Cessna 400 series. Do not assume the listed AD numbers or their requirements apply to other Cessna models without checking the AD text.

10. Administrative chain-of-command matters. The instrument is signed by a delegate, which may affect administrative review or internal CASA challenge pathways. The instrument does not delineate any internal CASA processes, so if a party wishes to contest or seek clarification about the re-made ADs, they should treat the delegate’s instrument as the starting point and consult CASA guidance or CASR for procedures.

1. Obtain the attached separate Airworthiness Directives. The main instrument revokes and re-makes the ADs listed in Schedule 1 and states that each attached AD is re-made "in exactly the same form as appears in the latest published edition." Compliance requires reading the attached AD documents themselves because the main instrument does not contain substantive requirements. If your copy of the instrument lacks the attachments, obtain the full instrument with attachments from CASA’s publication source.

2. Use AD numbers, not only titles. Schedule 1 lists dozens of ADs by title and AD/CESSNA 400/[number]. When seeking or citing the operative AD, use the AD number shown in the Schedule because some titles repeat or are similar across different AD numbers. The AD number is the unique identifier you should rely on to ensure you have the correct re-made AD.

3. Check the edition and publication date. The Note ties the content of each re-made AD to the "latest published edition" of that Directive. Confirm which published edition is the "latest" as of the date of re-issue, and record the publication date or edition in your compliance file. Where AD materials have been amended or rescinded previously, ensure you are working from the edition that the Note references.

4. Read each AD for specific compliance actions and timing. The Schedule shows many ADs labelled "Inspection," "Modification," "Replacement," "Life Limitation," "Incorporation," "Installation," and "Placards," which implies that the attached ADs will set out particular technical actions and compliance timeframes. Do not guess at the content; follow the precise procedures, intervals, and limits set out in the attached AD text.

5. Maintain documentary evidence of compliance. For each aircraft in scope, record which re-made ADs apply, the AD number, the date on which the AD was complied with, the person or organisation who carried out the work, and any parts, compliance methods, or service bulletins used. Because the instrument does not specify enforcement in its text, a robust documentary trail will be critical if a regulator or third party later reviews compliance.

6. Coordinate with maintenance providers and registrars. The remade ADs will likely require maintenance organisations or certificated engineers to perform inspections or modifications. Where those actions are indicated, arrange scheduling, parts procurement, and any necessary approvals. If an AD requires a design change or replacement part, confirm parts availability and compatibility with the Cessna 400 series.

7. Verify status of entries that are "CANCELLED" or "Amdt." Some Schedule entries are annotated as cancelled or amended. For cancelled entries, confirm whether the re-made AD retains a cancellation notation or contains no operative requirement. For amended entries, check the nature of the amendments in the published edition to understand changed obligations.

8. Keep the CASA statutory citation in mind. The instrument is made under subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998. If you need to assess review options, enforcement pathways, or the proper administrative channel for seeking variation or clarification, consult that subregulation and related CASR provisions as the statutory context for the AD regime.

9. Retain awareness of publication records. Because the instrument relies on the "latest published edition" for content, maintain an audit trail showing where you retrieved the AD text and its publication metadata, including any service bulletin references or other manufacturer documentation cited within the AD.

10. If in doubt, seek the official source. This instrument is an administrative act limited to revocation and remaking of ADs. For compliance clarity, consult the attached separate AD instruments, CASA’s official AD publication repository, and CASA guidance notes. If necessary, obtain advice from a suitably qualified aviation regulatory practitioner or from CASA directly about the interpretation or application of any attached AD.