Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/BN-2/63 Amdt 1 — Nacelle Box Structure at Bottom Fitting of MLG
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product. Therefore, this AD is a legislative instrument.
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most International Civil Aviation Organization Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a foreign State of Design issued an AD before 1 October 2009 for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the foreign State of Design. AD/BN-2/63 Amdt 1 applies to the Britten-Norman BN-2 Series aircraft.
The United Kingdom Civil Aviation Authority (UK CAA) issued AD 011-10-97 affecting Britten-Norman BN-2 series aeroplanes in 1997. The United Kingdom (UK) is the State of Design for this aircraft type. CASA subsequently issued AD/BN-2/63 to mandate the requirements of UK CAA AD 011-10-97. Feedback from regional CASA Airworthiness Inspectors highlighted that some members of industry were, in some cases, failing to carry out the repetitive inspections required by Britten-Norman Mandatory Service Bulletin BN2/SB.235 Issue 1 as referenced in the AD. CASA has issued AD/BN-2/63 Amdt 1 to clarify the requirement to carry out these inspections. This AD repeals and replaces the previous AD on this subject.
Britten-Norman Mandatory Service Bulletin BN2/SB.235 Issue 1, as in force at the time of issue of this AD, can be obtained from Britten-Norman, however, any Australian airline or operator which operates the BN-2 aircraft are provided with these documents by Britten-Norman via subscription.
UK CAA AD 011-10-97 is published in UK CAA CAP 476 and is freely available from the UK CAA website at the following internet address:
http://publicapps.caa.co.uk/modalapplication.aspx?appid=11&mode=detail&id=216
Consultation
This AD is being made as a result of feedback from CASA regional Airworthiness Inspectors who advised that some members of industry were failing to carry out certain requirements of the AD. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from clarifying certain requirements, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation Act 2003.
Regulation Impact Statement
A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.
The instrument commences on 19 January 2018.
[Instrument number AD/BN-2/63 Amdt 1]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/BN-2/63 Amdt 1 – Nacelle Box Structure at Bottom Fitting of MLG
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The United Kingdom Civil Aviation Authority (UK CAA) issued AD 011-10-97 affecting Britten-Norman BN-2 series aeroplanes in 1997. The United Kingdom (UK) is the State of Design for this aircraft type. CASA subsequently issued AD/BN-2/63 to mandate the requirements of UK CAA AD 011-10-97. As a result of feedback from CASA regional Airworthiness Inspectors highlighting that industry were, in some cases, failing to carry out the repetitive inspections required by Britten-Norman Mandatory Service Bulletin BN2/SB.235 Issue 1 as referenced in the AD, CASA has repealed and replaced AD/BN-2/63 to clarify the requirement to carry out these inspections.
The primary purpose of this legislative instrument is to clarify the requirements of the AD.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority