AD/DHC-8/36 Amdt 1 - Electrical Power - Battery Temperature Monitor

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Legislation au F2017L01379 In force Legislative Instrument

Legislation content

Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/DHC-8/36 Amdt 1 — Electrical Power - Battery Temperature Monitor

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-8/36 Amdt 1 applies to the Bombardier DHC-8 Series aircraft.

Transport Canada issued AD CF-94-22 affecting Bombardier DHC-8 series aeroplanes in 1994. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/DHC-8/36 to mandate the requirements of Canadian AD CF‑94-22. As a result of a request from industry, CASA has issued AD/DHC‑8/36 Amdt 1 to update the reference to the Canadian AD to the latest revision (CF‑94‑22R1) and to align the AD applicability with that of AD CF‑94‑22R1. This AD repeals and replaces the previous AD on this subject.

 

The Bombardier Service Bulletin 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-94-22R1 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-94-22_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 updating the revision status of a referenced document and adding one aircraft model to the applicability, 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 3 November 2017.

[Instrument number AD/DHC-8/36 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/DHC-8/36 Amdt 1 – Electrical Power - Battery Temperature Monitor

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-94-22 affecting Bombardier DHC-8 series aeroplanes in 1994. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/DHC-8/36 to mandate the requirements of Canadian AD CF‑94‑22. As a result of a request from industry, CASA has repealed and replaced AD/DHC-8/36 to update the reference to the Canadian AD to the latest revision (CF‑94-22R1) and to align the AD applicability with that of AD CF‑94‑22R1. This AD repeals and replaces the previous AD on this subject.

The primary purpose of this legislative instrument is to update the revision status of a referenced document and amend the model applicability.

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 ensure the safety and airworthiness of aircraft within Australian airspace. The Civil Aviation Act 1988 empowers the Governor-General to make regulations, and regulation 39.001 of the CASR 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for aircraft and aeronautical products. The AD/DHC-8/36 Amdt 1, introduced to update the Bombardier DHC-8 series aircraft's battery temperature monitoring requirements, is a legislative instrument made under the authority of the Act. This amendment responds to industry requests to align with the latest Canadian AD, ensuring continued compliance with international airworthiness standards. The AD is compatible with human rights, as it does not engage any of the applicable rights or freedoms, and thus aligns with the requirements set out in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The AD/DHC-8/36 Amdt 1 applies to operators of Bombardier DHC-8 Series aircraft in Australia, ensuring that these aircraft meet the electrical power and battery temperature monitor requirements as per the latest revision of Transport Canada's AD CF-94-22R1. This legislative instrument was issued by the Civil Aviation Safety Authority (CASA) under the authority conferred by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, thereby making it a legislative instrument. The scope of this AD is specific to the Bombardier DHC-8 Series aircraft, which includes updating the reference to the latest Canadian AD and aligning the AD's applicability to match the Canadian directive. While this AD does not require additional consultation beyond updating the referenced document and extending its applicability, it is designed to ensure compliance with international standards for continuing airworthiness. The AD is compatible with human rights as it does not engage any of the applicable rights or freedoms as per the Human Rights (Parliamentary Scrutiny) Act 2011. The AD commenced on 3 November 2017, and its implementation is overseen by CASA, which is Australia's national airworthiness authority.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) mandate that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (AD) for types of aircraft or aeronautical products (regulation 39.001). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, and CASA's authority to issue ADs is exercised under this power. The AD/DHC-8/36 Amdt 1 specifically addresses the Bombardier DHC-8 Series aircraft, aligning it with the latest Canadian AD CF-94-22R1, which was issued by Transport Canada in 1994. This amendment updates the reference to the Canadian AD and adjusts the applicability of the AD to match that of the Canadian directive. It effectively replaces the previous AD/DHC-8/36. Operators and entities governed by AD/DHC-8/36 Amdt 1 are required to comply with the updated requirements for the electrical power system, specifically focusing on the battery temperature monitor. This includes ensuring that the aircraft’s electrical system adheres to the standards set out in the referenced Bombardier Service Bulletin and Transport Canada AD CF-94-22R1. Operators must ensure that any modifications or maintenance activities related to the battery temperature monitoring system are performed according to these specifications. Additionally, operators must maintain records of compliance with the AD, which may be subject to inspection by CASA. Failure to comply with AD/DHC-8/36 Amdt 1 may result in civil or criminal penalties. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to enforcement actions, including fines and potential prosecution. The exact penalties depend on the severity and nature of the non-compliance but can include substantial fines for individuals and corporations. Furthermore, CASA may take action to suspend or revoke the aircraft's certificate of airworthiness if it is found to be operating without compliance with the mandated safety directives.

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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.