Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/CL-600/36 Amdt 1 — Elevator Flutter Damper Shear Pins
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 airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001 (5) of CASR 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative 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 ICAO 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 State of Design issues an AD against 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 State of Design. AD/CL-600/36 applies to the BombardierCL-600 series aircraft.
Transport Canada issued AD CF-2000-10 affecting Bombardier CL-600 series aeroplanes in 2000. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/CL-600/36 to mandate the requirements of Transport Canada AD CF-2000-10. As a result of a request from industry, CASA has amended
AD/CL-600/36 to correct a typographical error in the serial number range for aircraft listed in Requirement paragraph 1 of this AD. The reference to serial number 703 has been corrected to refer to serial number 7003. The amended AD, AD/CL-600/36 Amdt 1, will become effective on 19 July 2013. This AD cancels and replaces the previous issue.
Consultation
This amendment is being made at the request of industry, in particular an operator of the Bombardier CL-600 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from correcting a typographical error in the serial number range of aircraft listed in Requirement paragraph 1 of the AD, no further consultation of the Australian public has taken place.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
A statement of compatibility with human rights is at Attachment 1.
Commencement and making
The instrument commences on 19 July 2013.
The AD 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.
[Instrument number AD/CL-600/36 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-600/36 Amdt 1 – Elevator Flutter Damper Shear Pins
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
This amendment is being made at the request of industry, in particular an operator of the Bombardier CL-600 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from correcting a typographical error in the serial number range of aircraft listed in Requirement paragraph 1 of the AD, no further consultation of the Australian public has taken place.
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, enacted to ensure the safety of air navigation, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products. In response to an international AD issued by Transport Canada in 2000, CASA issued Australian AD/CL-600/36, which mandates certain requirements for Bombardier CL-600 series aircraft registered in Australia. To correct a typographical error in the serial number range specified in the AD, CASA amended AD/CL-600/36 to change the reference from serial number 703 to 7003, creating AD/CL-600/36 Amdt 1. This amendment, made at the request of an industry operator, was introduced to ensure the accuracy of the AD without substantially altering existing arrangements. The amendment, deemed of a minor nature, did not require further consultation with the public. The AD was made by a delegate of CASA under the authority delegated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it is compatible with human rights as it does not raise any human rights issues.
Scope and Application
The AD/CL-600/36 Amdt 1 is an amendment to an existing airworthiness directive issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Safety Regulations 1998. This amendment applies specifically to the Bombardier CL-600 series aircraft, focusing on correcting a typographical error in the serial number range of affected aircraft. The primary purpose of this directive is to ensure the continuing airworthiness of these aircraft in line with international standards and regulatory requirements. The amendment, which replaces the previous directive, becomes effective on 19 July 2013, and is made in response to a request from industry, particularly an operator of the Bombardier CL-600 series aircraft. The amendment does not require further public consultation due to its minor nature, and no substantial changes to existing arrangements have been made beyond the correction of the typographical error. This directive is a legislative instrument issued by a delegate of CASA, relying on the authority granted under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998), under section 98 of the Civil Aviation Act 1988, empower the Governor-General to make regulations that are in the interest of air navigation safety. Regulation 39.001 of CASR 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types or aeronautical products. Subregulation 39.001(5) of CASR 1998 states that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and therefore a legislative instrument according to the Legislative Instruments Act 2003. ADs are essential for ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which places responsibility for this on the State of Design and the State of Registry. When an AD is issued by a State of Design, CASA, as Australia’s national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to enforce the requirements.
This legislative instrument, AD/CL-600/36 Amdt 1, pertains to Bombardier CL-600 series aircraft, correcting a typographical error in the serial number range listed in Requirement paragraph 1 of the AD. The amendment, which replaces the previous AD/CL-600/36, was prompted by a request from industry, specifically an operator of the Bombardier CL-600 series aircraft. As the amendment is minor and does not substantially alter existing arrangements, no further consultation of the Australian public was undertaken. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. This amendment will become effective on 19 July 2013.
The AD/CL-600/36 Amdt 1 was 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 Civil Aviation Act 1988. The AD, which cancels and replaces the previous AD, is designed to correct a typographical error that incorrectly listed serial number 703 instead of 7003 in the serial number range for the affected aircraft. Compliance with human rights has been assessed, and a statement of compatibility with human rights is provided at Attachment 1, confirming that this legislative instrument does not engage any applicable rights or freedoms, and is therefore compatible with human rights. The instrument will commence on 19 July 2013.