AD/DHC-8/40 Amdt 1 - Black Thermal Insulation Retrofit Kits

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Legislation au F2017L01382 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/DHC-8/40 Amdt 1 — Black Thermal Insulation Retrofit Kits

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-8/40 Amdt 1 applies to the Bombardier DHC-8 Series aircraft.

Transport Canada issued AD CF-94-25 affecting Bombardier DHC-8 series aeroplanes in 1994. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/DHC-8/40 to mandate the requirements of Canadian AD CF‑94-25. As a result of a request from industry, CASA has issued AD/DHC‑8/40 Amdt 1 to update the reference to the Canadian AD to its latest revision (CF‑94‑25R1) and to align the AD applicability with that of AD CF‑94‑25R1. 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-94-25R1, as in force at the time of issue of AD/DHC-8/40 Amdt 1, 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-94-25_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-8/40 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-8/40 Amdt 1 – Black Thermal Insulation Retrofit Kits

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-94-25 affecting Bombardier DHC-8 series aeroplanes in 1994. Canada is the State of Design for this aircraft type. CASA subsequently issued AD/DHC-8/40 to mandate the requirements of Canadian AD CF‑94‑25. As a result of a request from industry, CASA has repealed and replaced AD/DHC-8/40 to update the reference to the Canadian AD to the latest revision (CF‑94-25R1) and to align the AD applicability with that of AD CF‑94‑25R1. 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 provide comprehensive safety regulations for civil aviation in Australia. The regulations were introduced to address the need for a cohesive and authoritative body of rules governing the safety of aircraft and aviation activities within Australian airspace. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make these regulations, which are designed to ensure that aviation operations in Australia meet the highest safety standards. The Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives (AD) under regulation 39.001 of the CASR 1998, which mandate safety requirements for specific types of aircraft or aeronautical products. The policy objective of these regulations is to maintain and enhance the safety of civil aviation in Australia, in alignment with international standards and practices.

Scope and Application

The AD/DHC-8/40 Amdt 1 applies specifically to the Bombardier DHC-8 Series aircraft operated by Australian entities, ensuring compliance with international standards for airworthiness set forth by Transport Canada. This legislative instrument is a direct response to Transport Canada's AD CF-94-25R1, mandating the retrofitting of black thermal insulation kits to maintain the safety and airworthiness of these aircraft within the Australian aviation sector. The amendment is a minor update to the previously issued AD/DHC-8/40, aligning its scope with the latest Canadian directive and expanding its applicability to include an additional aircraft model. The instrument does not impose new substantive requirements but rather ensures that Australian operators adhere to the latest international safety standards. It is applicable nationally, enforced by the Civil Aviation Safety Authority (CASA) as Australia’s national airworthiness authority, under the powers conferred by the Civil Aviation Act 1988. This AD operates as a legislative instrument under Australian law, repealing and replacing the previous AD on this subject, and it commenced on 3 November 2017.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) under regulation 39.001. AD/DHC-8/40 Amdt 1, specifically, amends the existing AD/DHC-8/40 concerning the Bombardier DHC-8 series aircraft. This amendment is made to update the reference to the latest revision of the Canadian Transport Canada AD CF-94-25R1 and to align the AD applicability with that of the updated Canadian directive. This AD is a legislative instrument under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations. Additionally, under the Acts Interpretation Act 1901, the power to make such instruments includes the power to repeal, rescind, revoke, amend, or vary them. Operators and airlines in Australia that operate Bombardier DHC-8 series aircraft are required to comply with this AD. Specifically, they must ensure that the black thermal insulation retrofit kits on their aircraft meet the specifications and standards outlined in the referenced Bombardier Service Bulletin and Transport Canada AD CF-94-25R1. These operators and airlines must also ensure that the retrofit kits are correctly installed and maintained in accordance with the updated AD. CASA mandates these requirements to ensure the continuing airworthiness of the aircraft, in line with international standards and obligations under Annex 8 to the Convention on International Civil Aviation. Failure to comply with AD/DHC-8/40 Amdt 1 can result in serious consequences. Operators and airlines that do not adhere to the requirements set out in this AD may face enforcement actions by CASA. Such actions can include fines, suspension or revocation of the aircraft's certificate of airworthiness, and potential criminal charges. The penalties for non-compliance are intended to ensure that all aircraft operating in Australian airspace meet the necessary safety standards. CASA takes compliance with airworthiness directives very seriously to maintain the highest standards of aviation safety. AD/DHC-8/40 Amdt 1 is compatible with human rights, as confirmed in the Statement of Compatibility with Human Rights attached to the instrument. This statement, prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, confirms that the AD does not engage any of the applicable rights or freedoms. The AD is made under the power of delegation by a delegate of CASA and comes into effect on 3 November 2017. This amendment ensures that the requirements for the black thermal insulation retrofit kits on Bombardier DHC-8 series aircraft are current and aligned with international standards, thereby maintaining the safety and airworthiness of these aircraft in Australian airspace.

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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.