AD/DHC-8/34 Amdt 2 - Black Thermal Insulation

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Legislation au F2017L01363 In force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/DHC-8/34 Amdt 2 — Black Thermal Insulation

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/DHC-8/34 Amdt 2 applies to the Bomardier DHC‑8 Series aircraft.

Transport Canada issued AD CF-94-08R1 affecting Bombardier DHC-8 series aeroplanes in 1995. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/DHC-8/34 Amdt 1 to mandate the requirements of Transport Canada AD CF-94-08R1. As a result of a request from industry, CASA has issued AD/DHC-8/34 Amdt 2 to correct two minor typographical errors in the serial number range of the last row of the Requirement Table of the AD. This AD repeals and replaces the previous AD on this subject.

 

The Bombardier Service Bulletins referred to in the AD, as in force from time to time, can be obtained from Bombardier, however, any Australian airline or operator which operates the DHC-8 aircraft are provided with these documents by Bombardier via subscription.

 

Transport Canada AD CF-94-08R1 is freely available from the Transport Canada website at the following internet address:

 

http://wwwapps3.tc.gc.ca/Saf-Sec-Sur/2/cawis-swimn/awd-display-cs2101-wnd.asp?rand=&vMode=0&showPdf=False&ovid=CF_CF-94-08_1

Consultation

This AD is being made at the request of industry, in particular an operator of the Bombardier DHC-8 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from correcting two minor typographical errors, 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 26 October 2017.

[Instrument number AD/DHC-8/34 Amdt 2]


Attachment 1

Statement of Compatibility with Human Rights

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

AD/DHC-8/34 Amdt 2 – Black Thermal Insulation

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-94-08R1 affecting Bombardier DHC-8 series aeroplanes in 1995. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/DHC-8/34 Amdt 1 to mandate the requirements of Transport Canada AD CF-94-08R1. As a result of a request from industry, CASA has repealed and replaced AD/DHC-8/34 Amdt 1 to correct two minor typographical errors in the serial number range of the last row of the Requirement Table of the AD.

The primary purpose of this legislative instrument is to correct minor typographical errors in 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

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to establish standards for the safety of civil aviation in Australia. This legislation, introduced under section 98 of the Civil Aviation Act 1988, empowers the Governor-General to create regulations necessary for the safe operation of civil aviation. The Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001 of the CASR 1998. This particular AD, AD/DHC-8/34 Amdt 2, was introduced to correct two minor typographical errors in an existing airworthiness directive concerning the Bombardier DHC-8 series aircraft. This amendment was enacted in response to a request from the industry and is considered a legislative instrument under the Acts Interpretation Act 1901. The policy objective of this AD is to ensure the continuing airworthiness of the specified aircraft by correcting errors that could potentially affect the safety standards mandated by international conventions.

Scope and Application

The AD/DHC-8/34 Amdt 2 pertains to the Bombardier DHC-8 Series aircraft and is a legislative instrument made under the Civil Aviation Safety Regulations 1998, which in turn is an instrument of the Civil Aviation Act 1988. The AD applies specifically to those entities operating Bombardier DHC-8 series aeroplanes registered in Australia, ensuring compliance with airworthiness standards as mandated by the State of Design, in this case Canada, and enforced by the Civil Aviation Safety Authority (CASA) as Australia's national airworthiness authority. This AD was developed in response to a request from industry to correct two minor typographical errors in the serial number range listed in the previous AD. This amendment does not substantially alter existing arrangements beyond correcting these errors, and as such, no further consultation was deemed necessary under the Legislation Act 2003. The AD is applicable nationally and aligns with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The AD does not include any exclusions, exemptions, or thresholds beyond those already specified in the original Transport Canada AD CF-94-08R1.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under section 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for specific types of aircraft or aeronautical products. AD/DHC-8/34 Amdt 2, issued by CASA, pertains to Bombardier DHC-8 Series aircraft, correcting minor typographical errors in the serial number range of the Requirement Table. This AD is a legislative instrument, as it is issued under the authority granted by the Civil Aviation Act 1988. The AD is a response to a request from the aviation industry, specifically an operator of Bombardier DHC-8 series aircraft, to correct errors identified in the previously issued AD/DHC-8/34 Amdt 1. The AD imposes obligations on operators and owners of the Bombardier DHC-8 Series aircraft to ensure compliance with the corrected requirements. Specifically, they must follow the updated serial number ranges as specified in the AD to maintain the airworthiness of their aircraft. The AD requires operators and owners to adhere to the corrected requirements to ensure the continuing airworthiness of their aircraft, which is critical for safety and regulatory compliance. Bombardier Service Bulletins, which contain detailed information and guidance on compliance, are provided to operators via subscription. Additionally, operators must ensure that their maintenance and operational procedures are updated to reflect the changes made by this AD. Breaches of the requirements set forth in AD/DHC-8/34 Amdt 2 can result in significant consequences. Operators and owners who fail to comply with the AD may face enforcement actions by CASA, including the potential for fines or other penalties. The AD is a legislative instrument, and non-compliance can result in criminal charges under the Civil Aviation Act 1988, leading to substantial fines and imprisonment. The maximum penalty for non-compliance with ADs is set out in section 98 of the Civil Aviation Act 1988, where individuals and corporations can be fined up to $222,200 and imprisoned for up to two years. Such stringent measures underscore the importance of adhering to the AD to maintain the highest safety standards in civil aviation.

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Civil Aviation Law
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Commencement Provisions
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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.