Airworthiness Directives 2004 - Revocation and Remaking - GAF N22 and N24 Series Aeroplanes

The instrument rests on a small set of procedural and naming concepts that determine its legal effect. First, authority: the delegate acts under subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998, which is the statutory grant of power relied on to revoke and remake the listed ADs. That citation is the only external legal reference in the instrument.

Second, revocation and re-making as separate instruments: the instrument uses two discrete powers,revocation of the ADs mentioned in Schedule 1, and the making of each AD listed as a separate instrument attached to this instrument. The operative language is categorical: the ADs in Schedule 1 are revoked, and the same AD titles are re-made "as separate instruments," with the attachments providing the content.

Third, identity and continuity: the instrument contains an explicit Note that each attached Airworthiness Directive is "being re-made in exactly the same form as appears in the latest published edition of the Directive." This language signals that the remaking is intended to produce ADs that are substantively identical to the latest published versions. The instrument therefore appears to perform an administrative reissuance rather than an amendment to substantive requirements, at least according to its own statement.

Fourth, the Schedule structure: Schedule 1 lists the ADs by name and number for the GAF N22 and N24 series. The Schedule includes entries that are marked "CANCELLED" and entries annotated with amendment numbers (for example "Amdt 1" up to "Amdt 5" in some entries). The Schedule therefore functions both as a revocation list and as an index to the attached, re-made AD instruments. The presence of "CANCELLED" entries in the Schedule is a discrete drafting feature that must be read against the Note and the attachments to determine which ADs are actually being reissued in the attachments.

Fifth, non-substantive nature of the instrument text: the body of the instrument does not reproduce the content of any specific AD, nor does it itself prescribe technical or operational requirements. Its practical legal work is administrative: changing the formal instrument status of a set of ADs by revocation and reissue.

Finally, temporal and signatory facts: the instrument records the date of exercise of the delegation (20 December 2004) and the delegate's name. Those facts identify the moment of the administrative act and the authorised official who executed it.

The instrument itself does not include an express "who must comply" clause. It identifies a class of documents,Airworthiness Directives for GAF N22 and N24 series aeroplanes,and takes administrative steps affecting those documents. From the text the following affected parties can be identified, strictly by reference to the instrument's subject matter and attachments that the instrument refers to.

• Holders or users of the listed Airworthiness Directives: the Schedule lists specific AD numbers and titles such as "Landing Gear Retraction System - Chain Replacement AD/GAF-N22/4" and "Horizontal Stabiliser - Weather Proofing AD/GAF-N22/29". Anyone who previously relied on, kept, or enforced those instruments would be affected in the sense that the legal status of those instruments has been revoked and replaced by the attached remade instruments.

• Administrators and record-keepers within the Civil Aviation Safety Authority and other government repositories: the instrument changes the formal instruments on the books. The text requires revocation and the making of separate instruments, which in practical terms means records must be updated to reflect the new instrument numbers or attachments.

• Those with operational or maintenance interest in GAF N22 and N24 series aeroplanes: while the instrument itself does not restate the substantive directive content, its Schedule shows the range of technical topics addressed by the ADs (for example rudder systems, horizontal stabiliser, fuel system, landing gear, control wheel assembly, etc.). Operators, maintenance organisations and engineers who monitor ADs for these aircraft will have to consult the attached re-made ADs to know the current instrument form that is intended by this administrative act.

• Parties referencing old AD instrument citations in contracts, manuals or compliance logs: because the instrument revokes certain AD instruments and remakes them as separate instruments attached to this instrument, any reference that tied compliance to the old instrument form may require reconciliation with the newly made instruments.

The instrument does not itself identify persons, classes or registration numbers beyond the narrow definition "GAF N22 and N24 Series Aeroplanes" in the Schedule heading. The instrument also contains several items explicitly marked "CANCELLED" in the Schedule; those entries indicate that some previously listed AD numbers are intended to be cancelled rather than remade, though the instrument's body that creates and attaches ADs must be checked to confirm what is attached. The instrument includes no express exemptions, savings provisions, or transitional arrangements within the text provided.

The instrument does not, in the text provided, set out substantive duties, rights, compliance timeframes, or enforcement procedures. Rather, its operative text performs two administrative acts: revocation of the ADs listed in Schedule 1 and the making, as separate instruments, of each Airworthiness Directive mentioned in Schedule 1 and attached. Consequently, the immediate "duties and rights" created by this instrument are procedural and documentary rather than technical.

Duties implied by the instrument, strictly as derivable from its language, are administrative duties on the part of the instrument-maker and record-keepers. The instrument imposes the following documentary obligations, as tasks implicit in its operative effects:

• For the delegate and CASA administration: to revoke the listed ADs and to attach and publish the re-made ADs as separate instruments. That action is effected by the instrument itself, signed and dated.

• For any user who needs to know the operative form of an AD: to consult the attached Airworthiness Directives that are re-made "in exactly the same form as appears in the latest published edition of the Directive" (note reproduced from the instrument). The instrument indicates the attachments carry the authoritative re-made versions; therefore a business or individual wanting to determine what the current instrument says must obtain the attachments referenced.

The instrument does not itself create or modify substantive technical duties such as maintenance actions, inspections, component replacements, or operational restrictions, because it expressly states that each attached AD is re-made in the same form as the latest published edition. The substantive duties, if any, will therefore lie in the attached ADs and their content, not in the revocation/remaking instrument. The instrument therefore creates a right to rely upon the attachments as the remade form of the ADs, subject to whatever legal status those attachments have under the Civil Aviation Safety Regulations 1998.

The instrument does not list any exemptions, defences, appeal rights, or review mechanisms. It does not itself specify timetables, nor does it state whether revoked ADs are of continuing effect until the attached versions take effect. Those matters would have to be determined by reference to the attachments and the enabling subregulation, which is cited as the source of authority.

This instrument does not include any penalty provisions, monetary fines, suspension powers, or criminal or civil sanction mechanisms. Its text is strictly administrative: it revokes the listed Airworthiness Directives and remakes them as separate instruments attached. There is no enforcement clause within the instrument's body.

Because the instrument is made under subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998, any enforcement or penalty mechanisms that might apply in relation to Airworthiness Directives are not contained in this instrument but would derive from the underlying regulatory framework of the Civil Aviation Safety Regulations and associated legislation. The instrument itself makes no reference to or reproduction of those enforcement provisions.

The Schedule and the Note make no mention of compliance timeframes or of sanctions for non-compliance. The Note states that "Each attached Airworthiness Directive is being re-made in exactly the same form as appears in the latest published edition of the Directive." Any enforcement consequences, compliance deadlines, or penalty regimes must therefore be sought in the attached ADs or in the enabling regulation cited, neither of which are reproduced in full in the supplied text.

For practical purposes, readers should not infer from the absence of penalties in this instrument that there are none applicable. The instrument does not withdraw any enforcement powers that exist elsewhere. To determine enforcement and penalty consequences for failing to act in accordance with a remade AD, one must examine the text of those remade ADs (the attachments) and the enforcement provisions of the Civil Aviation Safety Regulations 1998, which is the statutory source cited for the delegate's action.

The instrument identifies its enabling authority expressly: the delegate acts "under subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998." That is the only statutory or regulatory cross-reference recorded in the text. The instrument therefore sits within the administrative architecture of the Civil Aviation Safety Regulations, and its legal force is derived from that subregulation.

Beyond that single citation, the instrument itself contains no express interaction clauses with other Commonwealth legislation, state laws, or international instruments. It does not purport to override, amend, or displace other named laws in its text. The instrument's function is to revoke and re-make a set of Airworthiness Directives for specified aeroplane series; any interlocking legal effects with other requirements, such as carriage rules, maintenance standards or operator certificates, are not spelled out in this instrument.

Two specific interaction points arise from the instrument's form. First, because the instrument remakes ADs "in exactly the same form as appears in the latest published edition," it presupposes the existence of a "latest published edition" for each AD, and it thereby links itself to the publication regime that distributes those editions. Determining how those editions interact with other operational documents or certificates requires consulting the published AD text and the publication regime under the Civil Aviation Safety Regulations.

Second, the Schedule lists ADs that carry amendment notations (for example "Amdt 1", "Amdt 5") and some marked "CANCELLED." Those annotations record historical interactions among successive ADs and indicate that the re-making process is attuned to prior amendment history. Any interaction between the remade ADs and prior statutory instruments will depend on how the attachments address amendments and cancellations, matters not contained in the body text.

In short, this instrument is a procedural, enabling document that operates under a named provision of the Civil Aviation Safety Regulations 1998. The substantive cross-references to other laws or to enforcement provisions are not contained in this instrument and must be identified from the remade ADs and the cited subregulation.

The instrument itself is dated 20 December 2004 and records the delegate who executed it. The body of the instrument does not indicate that it is amending a previous instrument; rather it effects revocation and remaking. The Schedule, however, contains multiple entries that include amendment annotations as part of the AD titles, which record the amendment history of those ADs prior to this revocation/remaking exercise.

Examples from the Schedule that display embedded amendment history include:

• "Retirement Lives - Fatigue Critical Components AD/GAF-N22/2 Amdt 3" which indicates that the AD/GAF-N22/2 had previously been amended three times.

• "Relocation of Pilot Seat Installations AD/GAF-N22/11 Amdt 1" and "Rudder Control System - Inspection and Modification AD/GAF-N22/12 Amdt 1" each showing they had previously been amended once.

• "Horizontal Stabiliser and Trim Tab System AD/GAF-N22/28 Amdt 4" and "Horizontal Stabiliser AD/GAF-N22/58 Amdt 5" which show a chain of amendments reaching higher amendment numbers.

• Many other entries in the Schedule carry "Amdt" annotations and amendment numerals.

The presence of these annotations in Schedule 1 demonstrates that the ADs being revoked and re-made have their own internal amendment histories. The instrument’s Note stating that each attached AD is being re-made "in exactly the same form as appears in the latest published edition of the Directive" indicates that the remade instruments incorporate those latest amendments as they existed at the time of the latest published edition.

The instrument does not state that it itself is an amendment to any prior statutory instrument. It performs revocation and re-issuance in form. There is no subsequent amendment history recorded within this instrument text, and no earlier versions of this particular instrument are identified in the text provided. Any further amendment history to the remade ADs would appear in later instruments or in the ADs themselves, not in this revocation/remaking instrument.

The supplied text contains no references to litigation, judicial proceedings, appeals, or reviews in relation to this instrument or to the Airworthiness Directives listed in Schedule 1. There are no case citations, no records of challenges, and no mention of tribunals or courts. The instrument is a record of an administrative act by a CASA delegate and contains no litigation background.

If litigation has arisen or will arise in relation to any of the ADs that are revoked and remade by this instrument, that information is not contained in the instrument text provided. Determination of any litigation history would require consulting external court records, tribunal decisions or public databases, none of which are part of the source material supplied for this analysis.

Within the Schedule itself, amendment annotations and "CANCELLED" markings reflect administrative changes across time in the ADs' lifecycle. Those administrative annotations do not, by themselves, indicate litigation. The instrument does not purport to record legal challenges to the ADs, nor does it contain any statement about judicial review rights or past litigation outcomes.

Thus, the text supplies no litigation history and gives no indication that any specific dispute was contemplated or occurred at the time this instrument was made.

Several practical pitfalls and points of ambiguity arise from the instrument's drafting and structure as presented in the supplied text. These are matters an operator, maintenance organisation, compliance officer or legal adviser should note.

1. Attachments are decisive but not present in the supplied text. The instrument's operative step is to "make, as separate instruments, each Airworthiness Directive mentioned in Schedule 1 and attached." The Note says each attached AD is re-made in exactly the same form as the latest published edition. However, the attachments themselves are not provided in the source text you supplied. To know the authoritative wording and any compliance obligations you must consult the attachments as published by CASA. Do not rely on the Schedule alone.

2. The Schedule mixes "CANCELLED" entries with active AD entries. Several items in Schedule 1 are explicitly prefixed "CANCELLED" (for example "CANCELLED AD/GAF-N22/1", "CANCELLED AD/GAF-N22/3", "CANCELLED AD/GAF-N22/8", "Horizontal Stabiliser and Trim Tabs - Modification - CANCELLED AD/GAF-N22/38"). The instrument's operative clause revokes ADs in Schedule 1 and remakes "each Airworthiness Directive mentioned in Schedule 1 and attached." It is not explicit within the body whether those entries labelled "CANCELLED" are included among the attached remade instruments or are merely listed for revocation without remaking. The attachments and how CASA published them will resolve this, so check the attachments or CASA publication records.

3. Amendment numerals embedded in AD titles may affect reference and citation. The Schedule lists many ADs with amendment numbers such as "Amdt 1" through "Amdt 5." Where compliance or documentation relies on a particular amendment version, confirm which amendment is included in the attached instrument. The Note suggests the attachments reflect the "latest published edition", but you must verify edition numbers.

4. The instrument does not state effective dates for the revocations or for the remade instruments within the supplied text. The date on the instrument is 20 December 2004, but the instrument does not include express commencement language in the fragment provided. For operational certainty, confirm when the attached ADs take legal effect and whether there is any transitional relief or saving clause.

5. No enforcement or penalty text is included. The instrument contains no enforcement mechanics, so do not assume from the absence of penalties that non-compliance is without consequence. Enforcement remains a matter of the broader regulatory framework cited. Consult the attached ADs and Civil Aviation Safety Regulations for enforcement implications.

6. Narrow aircraft scope. The Schedule heading limits the instrument's subject matter to "GAF N22 and N24 Series Aeroplanes." Do not apply these remade instruments to other aircraft types without positive textual authority.

7. Administrative record updating may be required. The revocation/remaking exercise will alter the formal instrument structure; ensure internal compliance systems, maintenance logs and reference libraries are updated to reference the newly remade AD instruments and their attachment identifiers.

8. The instrument is silent on whether remade ADs are substantively identical to earlier printed copies. The Note asserts identity with the "latest published edition," which could differ from earlier printed versions held by operators. Confirm that your copy matches the latest published edition before acting on its content.

The instrument itself does not set out technical compliance tasks. Compliance, in practical terms, requires interacting with the remade ADs that are attached and with the enabling regulatory regime. The following steps, grounded in the instrument text, are the minimum documentary and procedural actions a practitioner should take.

1. Obtain the attached remade Airworthiness Directives. The instrument expressly makes each AD "mentioned in Schedule 1 and attached" a separate instrument. The authoritative text for what CASA intended to be the current instrument is therefore in the attachments. Do not rely on the Schedule entries alone. Verify that you have the attachments that accompanied this instrument as published by CASA on or after 20 December 2004.

2. Confirm edition and amendment status against the Note. The instrument's Note states: "Each attached Airworthiness Directive is being re-made in exactly the same form as appears in the latest published edition of the Directive." Check that the attached AD you hold corresponds to the latest published edition referenced in the Note, and that the amendment numeral in the AD title matches the content you have.

3. Reconcile cancelled entries. Identify the items in Schedule 1 that are marked "CANCELLED." For each such entry, confirm whether there is an attached remade AD or whether the entry is revoked without remake. The instrument's body and the attachments together determine which ADs are now active and which have been cancelled.

4. Update internal compliance records and documentation. Where your organisation cites AD numbers in maintenance manuals, continuing airworthiness records or contracts, update those references to reflect the remade instrument identifiers and attached wording. Where necessary, annotate previous references to reflect the revocation and the remade instrument.

5. Verify effectivity and compliance dates. The instrument as provided does not set effectivity or compliance deadlines. For operational planning, extract any compliance timeframes from the attached ADs themselves and from any relevant provisions in subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998 if they supply commencement or transitional rules.

6. Check enforcement provisions in the enabling legislation. This instrument contains no penalties. To understand consequences for non-compliance with the remade ADs, consult the relevant enforcement provisions in the Civil Aviation Safety Regulations 1998 and any associated guidance published by CASA.

7. For legal references, use the exact titles and AD numbers in the Schedule when querying CASA records. The Schedule provides the canonical AD names and numbers as they were handled in this instrument; use those strings when requesting copies of the attachments or of CASA's published ADs.

8. When in doubt, seek the formal CASA record for this instrument and the attached ADs. Administrative acts of this type are typically recorded in CASA's instrument registers or AD publication lists. The authoritative position is the attached remade AD instruments as published by CASA.

These steps are derived from the instrument's operative text and Note. The instrument does not create new technical requirements in its own right; compliance actions therefore depend on the content of the attached ADs and the enforcement framework of the Civil Aviation Safety Regulations 1998.