CASA ADCX 004/13-Revocation of Airworthiness Directives [F2013L00427]-New and Concluded Matters [2013] AUSStaCSDLM 107 (21 March 2013)

• CASA ADCX 004/13 - Revocation of Airworthiness Directives [F2013L00427]
• Drafting

Chapter 1

New and continuing matters

This chapter lists new matters identified by the committee at its meeting on 21 March 2013, and continuing matters in relation to which the committee has received recent correspondence. The committee will write to relevant ministers or instrument makers seeking further information or an appropriate undertaking within the disallowance period.

CASA ADCX 004/13 - Revocation of Airworthiness Directives [F2013L00427]

Purpose	Revokes two airworthiness directives
Last day to disallow[1]	25 June 2013
Authorising legislation	Civil Aviation Safety Regulations 1998
Department	Infrastructure and Transport

ISSUE:

Drafting

The explanatory statement (ES) to the instrument states that it is made under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998. As subregulation 39.001(1) contains no express power to amend, vary or revoke an airworthiness directive, the instrument presumably also relies on subsection 33(3) of the Acts Interpretation Act 1901, which provides that the power to make an instrument includes the power to vary or revoke the instrument. If that is the case, it would be preferable for the making words of the instrument and the ES to clearly identify the authority for the exercise of the power. The committee will therefore draw this issue to the attention of the minister.

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^[1] 'Last day to disallow' refers to the last day on which notice may be given of a motion for disallowance in the Senate.