AD/ELECT/42 Amdt 2 - Bendix Impulse Couplings

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Legislation au F2017L00863 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/ELECT/42 Amdt 2 — Bendix Impulse Couplings

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/ELECT/42 Amdt 2 applies to certain Bendix magnetos.

The United States of America Federal Aviation Administration (FAA) issued AD 82‑20-01 affecting certain Bendix magnetos in 1982. The United States of America is the State of Design for this aeronautical product. CASA subsequently issued AD/ELECT/42 to mandate the requirements of FAA AD 82-20-01. AD/ELECT/42 Amdt 1 was issued in 1986 to incorporate a later revision to the referenced Service Bulletin and revise torque figures and procedures. As a result of a request from industry, CASA has issued AD/ELECT/42 Amdt 2 to correct a typographical error in the FAA AD number referenced in AD/ELECT/42 Amdt 1 and remove reference to CASA AD/ELECT/27B which has been repealed. This AD repeals and replaces the previous AD on this subject.


FAA AD 82-20-01 is freely available from the FAA website at the following website address:

 

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/3FA6C0722C08186C86256A3400619D5C?OpenDocument&Highlight=82-20-01

 

The Bendix Service Bulletin referred to in the AD can be obtained from Bendix, however, any Australian aircraft operator which uses Bendix Magnetos are provided with these documents by Bendix by subscription.

Consultation

This AD is being made at the request of industry. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from correcting a minor typographical error in a referenced document number and remove reference to a repealed document, 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 21 July 2017.

[Instrument number AD/ELECT/42 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/ELECT/42 Amdt 2 — Bendix Impulse Couplings

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

The United States of America Federal Aviation Administration (FAA) issued AD 82‑20-01 affecting certain Bendix magnetos in 1982. The United States of America is the State of Design for this aeronautical product. CASA subsequently issued AD/ELECT/42 to mandate the requirements of FAA AD 82-20-01. AD/ELECT/42 Amdt 1 was issued in 1986 to incorporate a later revision to the referenced Service Bulletin and revise torque figures and procedures. As a result of a request from industry, CASA has repealed and replaced AD/ELECT/42 Amdt 1 to correct a minor typographical error in the FAA AD number referenced in the AD and to remove reference to CASA AD/ELECT/27B which has been repealed.

The primary purpose of this legislative instrument is to correct a minor typographical error in a referenced document and remove reference to a repealed document.

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 under section 98 of the Civil Aviation Act 1988, provide the framework for the regulation of civil aviation safety in Australia. This includes the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that ensure the continuing airworthiness of aircraft and aeronautical products. AD/ELECT/42 Amdt 2, issued in response to a request from industry, is a legislative instrument designed to correct a typographical error in a previously referenced FAA AD number and remove reference to a repealed CASA AD. This amendment is a minor alteration to existing arrangements and does not substantially change the regulatory framework. The instrument was made by a delegate of CASA under the delegation power provided by the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988, and it commenced on 21 July 2017. The primary policy objective of this amendment is to ensure the accuracy and relevance of the regulatory documentation, thereby maintaining the integrity of the airworthiness directives system.

Scope and Application

The AD/ELECT/42 Amdt 2 applies to certain Bendix magnetos, specifically those used in aircraft registered in Australia. This amendment corrects a typographical error in a referenced Federal Aviation Administration (FAA) airworthiness directive (AD) number and removes the reference to a repealed CASA AD/ELECT/27B. The AD is a legislative instrument made under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. The AD is intended to ensure the continuing airworthiness of the affected aircraft and aeronautical products. The AD applies to all aircraft operators in Australia that use the specified Bendix magnetos, and compliance with its requirements is mandatory. The AD does not impose any new obligations beyond those already required by existing legislation and does not create any new rights or exemptions. The AD is a minor amendment and does not require a Regulation Impact Statement or further consultation, as it does not substantially alter existing arrangements.

Key Provisions

The key operative sections of the Civil Aviation Safety Regulations 1998 Amendment (Bendix Impulse Couplings) 2017 (AD/ELECT/42 Amdt 2) are found in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for aircraft or aeronautical products. Under this authority, CASA issued AD/ELECT/42 Amdt 2 to address a typographical error in a referenced FAA AD and remove reference to a repealed CASA AD. This AD is a legislative instrument unless it applies to a particular person, aircraft, or product, and it repeals and replaces AD/ELECT/42 Amdt 1. The AD imposes obligations on aircraft operators to ensure the continuing airworthiness of aircraft within their operation. Specifically, AD/ELECT/42 Amdt 2 requires operators of aircraft equipped with certain Bendix magnetos to correct a typographical error in a referenced FAA AD number and remove reference to a repealed CASA AD. Failure to comply with the AD may result in the aircraft being deemed unairworthy, which could lead to serious safety risks and legal consequences. Breaching the requirements of an AD can result in civil or criminal penalties. Under section 15.026 of the Civil Aviation Safety Regulations 1998, a person who contravenes an AD commits an offence and is liable to a fine of up to 5,000 penalty units for individuals and 25,000 penalty units for corporations. Additionally, CASA may take enforcement action under section 15.035 of the Civil Aviation Safety Regulations 1998, which can include grounding the aircraft until compliance is achieved. Failure to comply with an AD can also result in serious safety risks, which may lead to further investigation, prosecution, and penalties under the Civil Aviation Act 1988.

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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.