AD/ELECT/74 Amdt 1 - Lermer GmbH Water Boilers

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Legislation au F2014L00462 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/ELECT/74 Amdt 1 — Lermer GmbH Water Boilers

 

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/ELECT/74 Amdt 1 applies to specified water boilers that are known to have been installed on some Airbus Industrie aircraft.

 

The French Direction Générale de L'aviation Civile (DGAC) issued AD F-2004-132 affecting various Airbus Industrie series of aeroplanes in 2004. France is the State of Design for this aircraft type. CASA subsequently issued AD/ELECT/74 to mandate the requirements of DGAC F-2004-132. As a result of a request from industry, CASA has repealed and replaced AD/ELECT/74 to correct the DGAC AD number referenced in Note 2 of this AD from F-1004-132 to F-2004-132. There are no changes to the technical requirements of the AD. AD/ELECT/74 Amdt 1 has an effective date of 29 April 2014. This AD repeals and replaces the previous AD on this subject.

 

Consultation

This AD is being made at the request of industry, in particular an operator of the Airbus Industrie A320 series aircraft. As this AD is of a minor or machinery nature and does not substantially alter existing arrangements apart from correcting a typographical error in the State of Design AD reference it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments 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 5 May 2014.

 

[Instrument number AD/ELECT/74 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/ELECT/74 Amdt 1 – Lermer GmbH Water Boilers

 

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 French Direction Générale de l'Aviation Civile (DGAC) issued Airworthiness Directive (AD) F-2004-132 affecting various Airbus Industrie series of aeroplanes in 2004. France is the State of Design for this aircraft type. CASA subsequently issued AD/ELECT/74 to mandate the requirements of DGAC AD F-2004-132.

 

This legislative instrument repeals and replaces AD/ELECT/74. It corrects an error in the reference to the DGAC AD in Note 2 of this AD. There are no changes to the technical requirements of the AD.

 

The purpose of this legislative instrument is to correct a reference to a related 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, as amended by AD/ELECT/74 Amdt 1, were enacted to ensure the safety of air navigation in Australia. This legislative instrument, introduced in 2014, addresses the need to correct a typographical error in a previously issued airworthiness directive (AD) concerning specified water boilers installed on certain Airbus Industrie aircraft. The AD/ELECT/74 Amdt 1 was made by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988. The objective of this amendment is to ensure the accuracy of referenced documents without altering the technical requirements of the original directive, thereby maintaining the safety standards for the specified aircraft. This amendment reflects the legislative process in Australia, where the regulation is designed to comply with international standards set by the Convention on International Civil Aviation, ensuring that the continuing airworthiness of aircraft registered in Australia is upheld.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment (AD/ELECT/74 Amendment 1 – Lermer GmbH Water Boilers) applies to specified water boilers installed on certain Airbus Industrie aircraft registered in Australia. This amendment is a legislative instrument issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, aimed at ensuring the continuing airworthiness of these aircraft. The amendment rectifies a typographical error in the reference to a previously issued French Direction Générale de l'Aviation Civile (DGAC) Airworthiness Directive F-2004-132. Despite this correction, there are no changes to the technical requirements mandated by the directive. This legislative instrument is applicable nationally, with the Civil Aviation Safety Authority (CASA) as the enforcing body responsible for the airworthiness of aircraft registered in Australia. The amendment does not introduce new exclusions, exemptions, or thresholds but corrects an administrative error in the referencing of a previous directive. The instrument came into effect on 29 April 2014, and the accompanying Statement of Compatibility with Human Rights confirms its alignment with international human rights standards, as it does not engage any applicable rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) under section 39.001 allow the Civil Aviation Safety Authority (CASA) to issue an airworthiness directive (AD) for a type of aircraft or aeronautical product. In this context, AD/ELECT/74 Amdt 1 pertains to specific water boilers installed on certain Airbus Industrie aircraft. This amendment corrects a typographical error in the reference to a French airworthiness directive (AD F-2004-132) issued by the Direction Générale de l'Aviation Civile (DGAC). This AD, however, does not alter the technical requirements of the original directive; it only rectifies a reference error. Entities governed by the AD/ELECT/74 Amdt 1 must ensure that the water boilers installed on the specified Airbus Industrie aircraft comply with the corrected reference to the DGAC AD F-2004-132. Operators and other relevant parties must adhere to the technical requirements as outlined in the directive to maintain the continuing airworthiness of the aircraft. This involves updating any documentation or records to reflect the corrected reference and ensuring that all personnel involved in the maintenance and operation of the aircraft are aware of the amendment. Failure to comply with the AD/ELECT/74 Amdt 1 could result in serious safety implications, as the ADs are critical for ensuring the continuing airworthiness of aircraft. Non-compliance could potentially lead to aircraft being deemed unairworthy, which could result in grounding or other enforcement actions by CASA. The penalties for non-compliance may include fines and other administrative or legal actions as stipulated by the Civil Aviation Act 1988 and the CASR 1998. The exact penalties would depend on the severity of the non-compliance and the specific circumstances of the case. In summary, AD/ELECT/74 Amdt 1 is a legislative instrument designed to correct a minor error in the reference to a related airworthiness directive. It imposes specific obligations on aircraft operators and other relevant parties to ensure compliance with the corrected reference. Non-compliance could lead to significant safety risks and potential penalties under the relevant aviation legislation.

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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.