AD/CL-600/71 Amdt 3 -State of Design Airworthiness Directives

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Legislation au F2016L01722 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/CL-600/71 Amdt 3 — State of Design Airworthiness Directives

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. AD/CL-600/71 Amdt 3 applies to the Bombardier CL‑600 Series aircraft.

Transport Canada issued AD CF-2005-13R1 affecting Bombardier CL-600 series aeroplanes in 2005. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/CL-600/71 to mandate the requirements of CF-2005-13R1 and a number of other Canadian ADs applicable to the CL-600 aircraft type. These Canadian ADs are listed in Table 1 of the CASA AD. The Transport Canada ADs can be obtained from their website. The AD refers to the need to consider compliance with the Canadian ADs, as in force at the commencement of the CASA AD. Amendments 1 and 2 to AD/CL-600/71 were issued to remove certain Canadian ADs from Table 1 as those ADs had been superseded. Transport Canada have recently issued AD CF‑2011‑30R1 which must be complied with because it is a State of Design AD. As AD CF‑2011‑30R1 supersedes AD CF‑2005-13R1, CASA has issued AD/CL‑600/71 Amdt 3 to remove AD CF‑2005‑13R1 from Table 1 of the CASA AD. This AD repeals and replaces the previous AD on this subject.

Consultation

As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from removing a Canadian AD from the list of ADs requiring compliance, 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 11 November 2016.

[Instrument number AD/CL-600/71 Amdt 3]


Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

AD/CL-600/71 Amdt 3 – State of Design Airworthiness Directives

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 AD CF-2005-13R1 affecting Bombardier CL-600 series aeroplanes in 2005. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/CL-600/71 to mandate the requirements of CF-2005-13R1 and a number of other Canadian ADs applicable to the CL-600 aircraft type. These Canadian ADs are listed in Table 1 of the CASA AD. Amendments 1 and 2 to AD/CL-600/71 were issued to remove certain Canadian ADs from Table 1 as those ADs had been superseded. Transport Canada have recently issued AD CF‑2011‑30R1 which must be complied with because it is a State of Design AD. As AD CF-2011-30R1 supersedes AD CF‑2005-13R1, CASA has issued AD/CL‑600/71 Amdt 3 to remove AD CF‑2005‑13R1 from Table 1 of the CASA AD.

The primary purpose of this legislative instrument is to amend the list of Canadian ADs requiring compliance in accordance with CASA AD/CL-600/71 Amdt 2.

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 in 1998 to ensure the safety of air navigation in Australia. This regulation, along with the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to mandate continuing airworthiness of aircraft. ADs are a key mechanism for ensuring that aircraft maintain their airworthiness in accordance with international standards. AD/CL-600/71 Amdt 3 is an amendment to an existing AD issued by CASA, which addresses the compliance requirements for Bombardier CL-600 series aircraft. This amendment responds to a new State of Design AD issued by Transport Canada, which supersedes a previous AD, thereby necessitating an update to the Australian AD to reflect current compliance obligations. The regulation was made under the authority conferred by section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, with the primary objective of ensuring the continuing airworthiness of aircraft registered in Australia.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment (State of Design Airworthiness Directives) 2016 (AD/CL-600/71 Amdt 3) pertains to the Bombardier CL-600 series aircraft, mandating compliance with specific airworthiness directives issued by the State of Design, which in this case is Canada. This legislative instrument applies to all aircraft operators and maintenance entities in Australia that own or operate Bombardier CL-600 series aircraft. The scope of the Act includes ensuring that these aircraft meet the continuing airworthiness standards set forth by Transport Canada. The geographic reach of this regulation is national, applying across all jurisdictions within Australia, as it is a Commonwealth regulation made under the Civil Aviation Act 1988. There are no stated exclusions or exemptions to the application of this AD, as it aims to ensure the safety and compliance of the specified aircraft type within Australia’s airspace. The Act extends its application through subordinate instruments, which allow for the amendment of existing airworthiness directives as necessary to reflect changes in State of Design regulations.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) Amendment (State of Design Airworthiness Directives) 2016 (AD/CL-600/71 Amdt 3) relate to the amendment of the list of Canadian airworthiness directives (AD) that require compliance in relation to Bombardier CL-600 series aircraft. Section 39.001 of CASR 1998 allows the Civil Aviation Safety Authority (CASA) to issue an AD for a kind of aircraft or aeronautical product. The AD/CL-600/71 Amdt 3 specifically addresses the removal of Transport Canada AD CF-2005-13R1 from the list of ADs requiring compliance, as it has been superseded by AD CF-2011-30R1. This amendment ensures that the relevant ADs are up-to-date and in line with the State of Design's requirements. The AD imposes obligations on the entities it governs, including aircraft operators and maintenance organisations, to comply with the specified ADs. These entities must ensure that Bombardier CL-600 series aircraft meet the safety standards and requirements outlined in the applicable ADs, including the removal of AD CF-2005-13R1 from the list of ADs requiring compliance. This is to maintain the continuing airworthiness of the aircraft and ensure the safety of air navigation. The AD also requires these entities to stay informed about any updates or changes to the ADs, and to implement any necessary actions to maintain compliance. There are no specific offences, penalties, or civil/criminal consequences outlined in the AD/CL-600/71 Amdt 3 for non-compliance with the amended list of ADs. However, failure to comply with the requirements of an AD may result in enforcement actions by CASA, such as fines, suspension or revocation of airworthiness certificates, or other regulatory measures. The penalties for non-compliance with ADs are generally determined by the severity of the non-compliance and the potential risk to safety. It is important for entities governed by the AD to ensure compliance with the ADs to avoid any potential consequences.

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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.