AD/CL-600/111 Amdt 1 - Nose Landing Gear Selector Valve

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L00496 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/CL-600/111 Amdt 1 — Nose Landing Gear Selector Valve

 

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. 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.

 

Transport Canada issued AD CF-2009-21R1 affecting Bombardier CL-600 series aeroplanes on 26 May 2009. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/CL-600/111 to mandate the requirements of Transport Canada AD CF-2009-21R1.

 

As a result of a request from industry, CASA has issued AD/CL-600/111 Amdt 1 to correct a Bombardier Service Bulletin number referenced in AD/CL-600/111. This AD repeals and replaces the previous AD on this subject.

 

Consultation

This amendment is being made at the request of industry, in particular an operator of the Bombardier CL-600 series aircraft. As the change to the AD is of a minor or machinery nature and does not substantially alter existing arrangements, apart from correcting an error in a referenced document number, no further consultation of the Australian public has taken place. It is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments 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 9 May 2014.

 

[Instrument number AD/CL-600/111 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/CL-600/111 Amdt 1 – Nose Landing Gear Selector Valve

 

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

Transport Canada issued airworthiness directive (AD) CF-2009-21R1 affecting Bombardier CL-600 series aeroplanes in 2009. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/CL-600/111 to mandate the requirements of Transport Canada AD CF-2009-21R1.

 

This legislative instrument repeals and replaces AD/CL-600/111 to correct a Bombardier Service Bulletin number referenced in that AD. The change to the AD is of a minor or machinery nature and does not substantially alter existing arrangements, apart from correcting an error in a referenced document number.

 

The purpose of this legislative instrument is to correct a typographical error in a previous 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

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of air navigation within Australia, in accordance with the Civil Aviation Act 1988. This legislative framework empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) as necessary to maintain the safety standards of aircraft and aeronautical products. The AD/CL-600/111 Amdt 1 specifically addresses a correction to the Bombardier Service Bulletin number referenced in a previous AD concerning the nose landing gear selector valve for Bombardier CL-600 series aeroplanes. This amendment was made in response to a request from the industry to rectify an error in the documentation, ensuring the accuracy of the referenced service bulletin. The instrument is considered a legislative one, given its nature as a directive issued under the authority of CASA, and it commenced on 9 May 2014. The process of making this legislative instrument was conducted by a delegate of CASA, relying on the power of delegation under the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988.

Scope and Application

The AD/CL-600/111 Amdt 1 pertains to the Bombardier CL-600 series aeroplanes, a subset of the broader aerospace industry, and applies to the entities and persons responsible for the maintenance and airworthiness of these aircraft within Australia. The AD is issued by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, and is mandated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. This legislative instrument is applicable across Australia and aligns with international standards set by the Convention on International Civil Aviation, particularly under Annex 8 which deals with the airworthiness of aircraft. The AD is a legislative instrument made under the authority of the Governor-General and is subject to the Acts Interpretation Act 1901, allowing for amendments, variations, or revocations as necessary. The AD specifically addresses a minor correction to a previously issued airworthiness directive, AD/CL-600/111, which was itself a mandate of a Transport Canada directive. The amendment does not require a Regulation Impact Statement or additional consultation as it involves a minor correction without altering the existing regulatory framework significantly. The instrument is compatible with human rights as it does not engage any of the rights or freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The key operative sections of this legislation are section 98 of the Civil Aviation Act 1988 (the Act) and regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998). Section 98 allows the Governor-General to make regulations in the interests of the safety of air navigation, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. This AD, AD/CL-600/111 Amdt 1, corrects a typographical error in a previous AD by amending the Bombardier Service Bulletin number referenced in AD/CL-600/111. This legislative instrument is considered a legislative instrument under subsection 98(5B) and (5BA) of the Act. The AD imposes specific obligations on the entities it governs, particularly those responsible for the continuing airworthiness of Bombardier CL-600 series aeroplanes. Operators of these aircraft must ensure compliance with the AD by correcting the Bombardier Service Bulletin number as specified. CASA, as the national airworthiness authority, is responsible for assessing and issuing ADs to mandate the requirements of foreign States of Design, such as Canada in this case. The AD also requires CASA to monitor compliance and take any necessary enforcement actions if required. The legislation does not explicitly state any offences, penalties, or civil/criminal consequences for breach of the AD. However, failure to comply with an AD can result in serious safety implications and may lead to enforcement actions by CASA, which could include grounding the aircraft until compliance is achieved. Such enforcement actions are not detailed in the AD but are generally aligned with CASA's regulatory framework for ensuring airworthiness. The AD is made under the power delegated by subregulation 11.260(1) of CASR 1998 and subsection 94(1) of the Act. The instrument was issued by a delegate of CASA and commenced on 9 May 2014. This legislative instrument has been reviewed under the Legislative Instruments Act 2003 and determined not to require further consultation due to the minor nature of the amendment. Additionally, a Regulation Impact Statement is not required for ADs as per the standing agreement between CASA and the Office of Best Practice Regulation. The compatibility with human rights is affirmed in the Statement of Compatibility with Human Rights, which is attached as Attachment 1.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.