Airworthiness Directives 2004 - Revocation and Remaking - Piper PA-23 (Apache and Aztec) Series Aeroplanes

The instrument’s principal legal concepts are revocation, re‑making, instrument form, attachment, and delegated administrative action. It operates under a specific delegated power: the delegate acts under subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998 (the text of that subregulation is cited as the authority for the delegate's action). The two-step mechanism specified is revocation of listed ADs and the making (re‑issue) of each AD as a separate attached instrument. The attached ADs are stated to be "in exactly the same form as appears in the latest published edition", which explains the instrument’s stated purpose as an administrative re‑packaging rather than a substantive amendment.

Revocation means the earlier identified AD instruments cease to be in force in the form previously published. Re‑making "as separate instruments" means new instrument identifiers and instrument documents are created and attached. The Schedule functions as the index: it lists AD names and AD numbers, and indicates where some items are "CANCELLED" and where some ADs have amendments (for example entries marked "Amdt 1" or "Amdt 2"). Because the instrument does not reproduce the attached AD texts within its main body, the substantive requirements, inspection intervals, modifications, or mandatory actions that impose duties on aircraft operators and maintenance organisations will be contained in those attached AD instruments, not in the short revocation/remaking instrument itself.

The note in the instrument sets out an administrative claim: the attached ADs are re‑made exactly as in the latest published editions. That is a claim about the identity of content between the published ADs and the new separate instruments; it does not purport to alter technical content. The Schedule includes examples across a broad set of airworthiness topics,controls, spars, landing gear, exhaust, fuel system, stabilator items, flaps, hubs/wheels, alternator fuses, placards, servo fixes and more,showing the instrument covers numerous, discrete airworthiness directives previously published for the Piper PA‑23 series.

Two procedural features are implicit in the main concepts. First, the instrument centralises the act of converting (or reconfirming) a set of existing ADs into separate instruments; second, it preserves content continuity by re‑making each AD "in exactly the same form". The instrument therefore changes the legal form,how the ADs exist as instruments,while asserting no change to the substantive requirements contained in the AD texts as attached.

The instrument expressly applies to "Piper PA‑23 (Apache and Aztec) Series Aeroplanes" by title and by the list of ADs in Schedule 1. That identifies the affected object class: any aircraft of the Piper PA‑23 series that were subject to the listed ADs. The practical constituency affected by this administrative action therefore includes owners of Piper PA‑23 series aeroplanes, operators that fly those aeroplanes, maintenance organisations and engineers who carry out inspections, modifications and replacements required by the ADs, and the Civil Aviation Safety Authority and its delegates who will administer and publish AD instruments.

The Schedule lists individual AD topics that, in their re‑made form, will specify the operational or maintenance actions applicable to particular aircraft or components. For example, entries such as "Flap Spar and Stabiliser Spar - Reinforcement AD/PA‑23/1", "Main Landing Gear Forgings and Wheels - Replacement AD/PA‑23/3", "Empennage - Inspection AD/PA‑23/12 Amdt 1", and "Fuel System - Inspection and Modification AD/PA‑23/55" show that the ADs cover specific structural, mechanical and system items. The presence of such ADs indicates that the persons responsible for maintenance and continued airworthiness for those aircraft will need to consult the attached re‑made ADs to determine whether inspections, reinforcements, replacements, placards, or modifications are required, and to ensure the aircraft comply with any mandatory directives contained in the attached instruments.

The instrument itself does not elaborate the substantive obligations; it simply makes the ADs into separate instruments. Therefore, the immediate administrative effect on affected parties is procedural: they must take notice that the listed ADs have been revoked in their prior form and re‑issued as separate attached instruments in the same textual form as previously published. For those whose compliance depends on the content of an AD, the next step required by the instrument is to consult the attached re‑made AD instrument corresponding to the AD name and number in the Schedule. The Schedule’s "CANCELLED" markings will be of particular relevance: an entry marked "CANCELLED" in the Schedule is listed as such in place of an AD number, indicating an AD listed in the Schedule is not being re‑made as a separate instrument in this instrument (practitioners must check which entries are cancelled versus re‑made).

Finally, the delegate who signs the instrument (David Alan Villiers) and the Civil Aviation Safety Authority are decision‑makers and administrative actors under the statutory delegation cited. That identifies who exercised the authority to effect the revocations and re‑makings.

The instrument’s text itself does not set out operational duties or rights in substantive technical terms. Instead, it performs an administrative function: revocation of the previous AD instruments listed in Schedule 1 and re‑making each AD as a separate attached instrument. The key legal duties and rights therefore will be located in the attached Airworthiness Directives that are re‑made and in the original AD content that is reproduced in those attachments.

From the instrument the following points about duties and rights can be extracted or are implied by the mechanism it chooses:

• Duty to consult attached instruments: The instrument makes each AD listed in Schedule 1 "as separate instruments" and attaches them. The substantive mandatory actions, compliance intervals, inspection regimes, modification mandates, placard requirements and any conditional rights (for example, exemptions or alternative compliance methods if any appear in an AD) will be found in those attached ADs. Practitioners therefore must consult the attached re‑made ADs to determine specific duties. The instrument’s note confirms the attachments reproduce the "latest published edition" content.

• No substantive change claimed: The instrument states that each attached AD is being re‑made "in exactly the same form" as the latest published edition. That indicates the instrument does not, in its text, change the substantive requirements of those ADs; it only changes their instrument status. If an operator previously had a compliance obligation under the listed AD, the content of that obligation is asserted to be identical in the re‑made AD instrument.

• Rights and defences not specified: The instrument does not state any rights of appeal, review, or legal defences in relation to the re‑making action. It does not set out consequences for non‑compliance in its text. Any rights, avenues for relief, or procedural protections must therefore be sought in the text of the re‑made ADs, in the Civil Aviation Safety Regulations 1998 (the referenced statutory source), or in other applicable law.

• Delegated authority: The authority to revoke and re‑make the ADs is exercised by a delegate of CASA under subregulation 39.001 (1). That identifies the office within which the decision is made, and therefore the institutional actor whose procedures and publication mechanisms will be used to notify affected parties and manage compliance records.

• Administrative effect on legal instruments: Revocation removes the prior instrument and its legal identity; re‑making creates a separate instrument that is the operative document. This can affect legal citation, record‑keeping, and the way compliance is evidenced: the attached instrument, not the revoked AD, will be the current instrument to be produced to demonstrate compliance.

In sum, the instrument does not itself articulate specific technical duties or operational rights; it creates and attaches the separate AD instruments that contain those obligations, and it maintains that their text is unchanged from the latest published editions.

This instrument does not itself set out penalties, sanctions or enforcement procedures. It is an administrative act that revokes and re‑makes ADs; the instrument cites subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998 as the power under which the delegate acts, but the instrument does not include express penalty provisions or enforcement measures within its text.

Because the instrument remakes the substantive ADs as separate instruments and states that each attached AD is in exactly the same form as the latest published edition, any mandatory requirements and any specified consequences for non‑compliance will be contained within those attached AD instruments and/or within the broader regulatory scheme under which ADs operate. This instrument itself does not describe the enforcement mechanism that will be applied in the event of non‑compliance with the re‑made ADs, nor does it identify specific penalties, infringement notices, or criminal or civil sanctions. The text does not state whether the re‑making affects the start date for compliance, transitional arrangements, or any grace periods.

Practitioners should note two concrete features in the instrument relevant to enforcement and evidentiary practice:

• Legal identity change: Because the instrument revokes prior AD instruments and creates separate attached instruments, documentary evidence of compliance that relied on the prior instrument identifiers may need to be updated to reference the newly re‑made instrument. The instrument’s action could affect how compliance is demonstrated administratively. The instrument itself does not state how records or compliance evidence should be migrated or presented.

• Absence of penalties in text: The instrument contains no penalty specifications. If a party wishes to know the enforcement consequence for failing to comply with any particular AD listed in the Schedule, that information must be sought in the attached re‑made AD or in the relevant enabling provisions of the Civil Aviation Safety Regulations 1998 and other applicable laws and instruments.

Because the instrument is limited to revocation and re‑making, it preserves the substantive content of ADs in the attached instruments; any enforcement or penalty consequences tied to those substantive requirements therefore will be found in the attached AD texts and in the broader regulatory framework, not in the present instrument.

The instrument explicitly asserts its statutory footing by reference to subregulation 39.001 (1) of the Civil Aviation Safety Regulations 1998. That is the only statutory reference made in the text. The instrument therefore interacts with the broader Civil Aviation Safety Regulations primarily through the authority it invokes: it is an exercise of delegated power under those Regulations. The instrument’s effect is procedural within that regulatory architecture: it revokes earlier AD instruments for the Piper PA‑23 series and remakes those ADs as separate attached instruments, maintaining the same published content.

Two interaction mechanisms flow from the instrument’s form:

• Instrumental succession: By revoking existing AD instruments and re‑making them as separate instruments, the instrument creates a succession of instrument identities. From a legal drafting and administration perspective, this can interact with other laws or regulatory instruments that cite a particular AD instrument by name or number. Any external reference to the revoked instrument identifier would need to be checked to see whether the reference should instead be to the re‑made attached instrument. The present instrument does not itself map or update external cross‑references; it simply revokes and re‑makes.

• Preservation of substantive law: The instrument’s note declares that each attached AD is re‑made "in exactly the same form as appears in the latest published edition of the Directive." That claim means the substantive regulatory content,inspection frequencies, mandatory modifications, placard installations, replacement part numbers, etc.,remains as previously published. Consequently, any interplay between the substantive AD requirements and other laws (for example, maintenance manual requirements, certification requirements, continuing airworthiness obligations, or operator licence obligations) continues to operate as before because the AD content is asserted to be unchanged. The instrument itself does not alter substantive regulatory relationships; it adjusts the legal form of the ADs.

Because the instrument does not reproduce the text of the attached ADs in its body, a practitioner must examine the attached AD instruments to analyse the detailed interactions with other regulatory provisions. The enabling and enforcement mechanisms, appeals processes, or compliance timeframes that might affect interactions with other laws are not contained in the revocation/remaking instrument; they will be in the attached ADs and the Civil Aviation Safety Regulations. The instrument’s authority citation (subregulation 39.001 (1)) identifies the statutory locus to which any litigation or administrative review relating to the instrument’s making would look for procedural or jurisdictional rules.

Finally, the instrument’s administrative approach,revoking and re‑making ADs in identical textual form,may be intended to align the instrument record with publication practice or to create discrete instruments for each AD for reasons of record keeping, legal clarity, or regulatory housekeeping. That administrative restructuring may influence how other actors (operators, maintenance organisations, insurers) source and reference AD obligations in contractual, regulatory or certification contexts.

The instrument itself records a single, dated administrative act: it is signed by the delegate, David Alan Villiers, on 20 December 2004. The instrument states that it revokes the Airworthiness Directives mentioned in Schedule 1 and re‑makes them as separate attached instruments. The Schedule contains multiple entries where an AD is annotated with an amendment identifier (for example "AD/PA‑23/12 Amdt 1", "AD/PA‑23/47 Amdt 2", "AD/PA‑23/66 Amdt 2", "AD/PA‑23/40 Amdt 1"). These notations reflect that some ADs had prior amendments in their "latest published edition" which the instrument says it is re‑making in exactly the same textual form.

Beyond the single dated act and the annotations in the Schedule, the instrument does not itself contain an internal amendment history or a sequence of prior instruments; it does not state when the listed ADs were originally issued or when previous amendments were made. The only amendment‑type information in the present instrument is the inclusion of those "Amdt" tags in the Schedule and the presence of "CANCELLED" markers adjacent to some schedule entries.

The instrument contains a note that clarifies its present re‑making intention: "Each attached Airworthiness Directive is being re‑made in exactly the same form as appears in the latest published edition of the Directive." That implies that the attached ADs reflect the latest amendment state as at the time the attached ADs were prepared for re‑making. The Schedule therefore communicates both continuity with the most recent published AD text and which ADs are to be re‑made or are marked cancelled.

There is no further amendment history recorded in this instrument's text (no prior instrument references, no chains of amendment, and no later amendment recorded within this text). Practitioners seeking a documentary chain of changes to any given AD listed (for example to trace from initial issue through successive amendments) will need to consult the attached re‑made AD instrument and any earlier published AD editions held in CASA's records or the public AD publication archive, because the present instrument only effects the single act of revocation and re‑making and asserts identity with the latest published editions.

This instrument contains no references to litigation, disputes, appeals, or judicial decisions. The text does not mention any court cases, administrative appeals, or other legal proceedings related to the ADs listed in Schedule 1 or to the revocation/re‑making process. There is therefore no litigation history recorded in the instrument itself.

Because the instrument is narrow and administrative in nature,revoking listed ADs and re‑making them as separate instruments in the same textual form,it does not purport to establish or resolve any legal controversies within its text. Any litigation history connected to the substantive ADs themselves (for example disputes about the technical requirements of a specific AD or its effect on an operator) would not be recorded in this instrument unless such matters had formed part of the administrative record accompanying the delegate’s decision and were incorporated by reference; there is no such incorporation in the present text.

Practitioners interested in whether any AD listed in Schedule 1 has been the subject of litigation, formal review, or reconsideration would need to search external sources (administrative tribunal records, court judgments, or CASA administrative files). The instrument itself provides no pointer to litigation, no history of legal challenge, and no indication that the act of revoking and re‑making was contested.

In short, within the four corners of this instrument there is no litigation history to report: the document is an administrative instrument recording the delegate’s revocation and re‑making actions and contains no reference to any court or tribunal proceedings.

This instrument contains several practical pitfalls and areas where practitioners should take care when relying on it or implementing its consequences. These are matters that flow directly from the instrument’s text and structure.

1. Distinguish revocation from cancellation in the Schedule. The Schedule lists numerous entries where the AD Number column reads "CANCELLED". The presence of "CANCELLED" entries can be easily misunderstood. The instrument’s operative clause (a) revokes the Airworthiness Directives mentioned in Schedule 1; clause (b) makes, as separate instruments, each Airworthiness Directive mentioned in Schedule 1 and attached. The Schedule therefore serves both to enumerate the ADs that are being processed and to indicate which items are being cancelled. Practitioners must not assume that every line in the Schedule corresponds to a re‑made AD; the "CANCELLED" marker indicates otherwise. You must check the attached instruments and CASA publications to identify which prior ADs have been cancelled outright, and which have been re‑made as separate instruments.

2. The instrument does not include the substantive AD texts in its main body. The instrument says the attached ADs are re‑made and are in exactly the same form as the latest published edition, but this revocation/re‑making instrument does not itself reproduce the technical requirements. If you only possess this instrument without the attachments, you do not have the operative AD content. The note emphasises identity with the latest published edition, so the attachments or the prior published ADs are the operative source of technical obligations.

3. Amendment identifiers are part of the Schedule entries. Several ADs are listed with "Amdt" labels (for example "AD/PA‑23/12 Amdt 1"). Those amendment markers indicate the latest published edition included amendments. When referencing or documenting compliance, you must cite the correct AD instrument identifier including amendment status, because the administrative re‑making creates separate instruments that replicate that exact form. Failure to specify amendment status may create ambiguity in compliance records.

4. Legal identity and citation risk. The instrument revokes previous AD instruments and re‑makes them as separate instruments. If other regulatory instruments, certificates, maintenance records, or contractual documents cite the old AD identifiers or refer to obligations under a prior AD, those cross‑references may become stale. The instrument does not contain transitional language about updating citations, so practitioners should check whether the re‑made ADs retain the same AD numbers and whether counterparties require updated documentary proof of compliance.

5. No penalties or timeframe details in this instrument. Because this document is limited to revocation and re‑making, it does not set or adjust compliance timeframes, amnesty periods, or express enforcement consequences. Assume nothing from silence; determine compliance dates and enforcement terms by consulting the attached ADs and the underlying Civil Aviation Safety Regulations.

6. Delegation and administrative record. The instrument is signed by a CASA delegate under subregulation 39.001 (1). If there is any question about the delegate’s authority, publication practices or the administrative record, the instrument itself does not provide further administrative exhibits, reasons or explanatory material. Requests for the administrative file or for clarification about why particular ADs were cancelled (as per the Schedule) may be necessary for parties requiring certainty.

7. Scope limited to Piper PA‑23 series. Do not extend the instrument beyond the aircraft class named. The instrument’s title and Schedule are specific to "Piper PA‑23 (Apache and Aztec) Series Aeroplanes". Other Piper models or different aircraft types are not affected by this instrument as written.

These "gotchas" are practical consequences flowing from the instrument’s administrative form. They point to where a practitioner must exercise care: checking attachments, confirming which ADs were cancelled versus re‑made, ensuring compliance records match the new instrument identifiers, and seeking the actual AD texts for technical compliance obligations.

This instrument itself does not set substantive technical mandates; compliance therefore requires specific, concrete steps directed at locating and following the re‑made AD instruments that are attached and referred to. Based on the instrument text, the following sequence of compliance actions is grounded in the document’s mechanics.

1. Obtain the attached AD instruments. The instrument makes each Airworthiness Directive mentioned in Schedule 1 "as separate instruments and attached." The chief compliance action under this revocation/re‑making instrument is to obtain the attachments. The instrument’s note states each attached AD is in "exactly the same form as appears in the latest published edition". Practically, custodians of Piper PA‑23 aircraft, maintenance providers and operators must secure the attached AD documents or retrieve the latest published editions that the attachments replicate.

2. Identify which items were cancelled. The Schedule includes many entries marked "CANCELLED". Where a Schedule line shows "CANCELLED", the practitioner should confirm whether a previously existing AD has been cancelled and not re‑made. Do not assume that all listed ADs have been re‑made; check the attachments to verify which AD names correspond to re‑made instruments and which are cancelled.

3. Note AD numbers and amendment status. The Schedule provides the AD numbers and, for some, amendment identifiers (for example "AD/PA‑23/12 Amdt 1"). When updating maintenance programmes, airworthiness records and compliance checklists, reference the AD instrument identifier with the amendment notation as shown in the Schedule and attached instrument so that records are precise.

4. Map obligations into maintenance schedules and logbooks. Once the attached ADs are obtained, users should extract the substantive mandatory actions (inspection tasks, replacement items with part numbers, modification instructions, placard installations, etc.) and map those into the aircraft's maintenance programme, maintenance release records, logbooks, and continuing airworthiness management system. Because the instrument claims textual identity with the latest published edition, any obligations that were operative under the published AD remain operative under the re‑made attached AD.

5. Update documentary proof of compliance and control documents. Because the instrument revokes prior AD instruments and re‑makes them as separate instruments, make sure all documentary references (certificates, maintenance records, compliance lists, approvals, and customer or insurer records) cite the correct, current instrument identifier. The instrument does not itself provide transitional guidance for reference updates, so updating records proactively will reduce future contest or audit risk.

6. For cancelled ADs, check for safety consequences or superseding requirements. Where an AD has been cancelled, practitioners must confirm whether the cancellation is administrative (for example a superseding AD issued separately) or a removal of the mandatory requirement. The present instrument does not explain the reason for cancellation; therefore, investigate whether a superseding AD, service bulletin, or alternative requirement applies.

7. Retain the instrument for audit trail. Keep the 20 December 2004 instrument on file as the administrative record of revocation/re‑making, together with the attached AD instruments. The instrument identifies the delegate and cites the enabling subregulation; retain those documents to demonstrate the chain of delegation and the provenance of the re‑made ADs.

8. Seek clarification from CASA where necessary. If any doubt remains,about whether an AD was cancelled, about start dates for compliance, or about the form of evidence required,seek clarification from the Civil Aviation Safety Authority. The instrument documents the delegate’s action but does not include procedural clarifications; CASA is the issuing authority referenced in the instrument.

In sum, compliance under this instrument is materially an exercise of locating the attached re‑made ADs, extracting those instruments' substantive requirements, and ensuring maintenance and airworthiness records cite and reflect the appropriate, current instrument identifiers. The revocation/re‑making instrument itself does not impose new technical obligations, but it changes the legal form of existing ADs and therefore requires documentary and administrative follow‑through.