AD/EMY/2 Amdt 7 - Life Jackets and Inflatable Flotation Devices

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2016L00160 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/EMY/2 Amdt 7 — Life Jackets and Inflatable Flotation Devices

 

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.

 

CASA issued AD/EMY/2 Amdt 6 in 1998 to correct an unsafe situation on all life jackets and inflatable flotation devices not subject to a System of Maintenance, which are installed or intended to be installed in an aircraft. CASA has issued AD/EMY/2 Amdt 7 to limit the AD’s applicability to aircraft to which Part 42 of CASR 1998 (Part 42) applies. For aircraft to which Part 42 does not apply, the requirements have been transitioned to Civil Aviation Order (CAO) 100.5.  This AD repeals and replaces the previous AD on this subject.

 

Consultation

As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from amending the AD applicability and thereby eliminating requirements duplicated in CAO 100.5, 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 26 February 2016.

 

[Instrument number AD/EMY/2 Amdt 7]

Attachment 1

Statement of Compatibility with Human Rights

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

 

AD/EMY/2 Amdt 7 – Life Jackets and Inflatable Flotation Devices

 

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

CASA issued AD/EMY/2 Amdt 6 in 1998 to correct an unsafe situation on all life jackets and inflatable flotation devices not subject to a System of Maintenance, which are installed or intended to be installed in an aircraft. CASA has issued AD/EMY/2 Amdt 7 to limit the AD’s applicability to aircraft to which Part 42 of CASR 1998 (Part 42) applies. For aircraft to which Part 42 does not apply, the requirements have been transitioned to Civil Aviation Order (CAO) 100.5. This AD repeals and replaces the previous AD on this subject.

 

 

The primary purpose of this legislative instrument is to limit the AD’s applicability to eliminate requirements duplicated in CAO 100.5.

 

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/EMY/2 Amdt 7, addresses the issue of ensuring the safety of life jackets and inflatable flotation devices in aircraft, particularly those not subject to a System of Maintenance. This amendment was enacted to rectify an unsafe situation identified in 1998, focusing on the applicability of the regulations to specific types of aircraft. The Civil Aviation Safety Authority (CASA) issued this amendment to streamline regulations and eliminate duplicated requirements found in Civil Aviation Order (CAO) 100.5, thereby ensuring that the regulations apply only to aircraft covered under Part 42 of the CASR 1998. This legislative instrument aims to maintain high safety standards in air navigation by refining the scope of regulatory oversight, thus enhancing the overall safety framework within the aviation industry.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment 7 (AD/EMY/2 Amdt 7) is a legislative instrument issued by the Civil Aviation Safety Authority (CASA) to amend the application of airworthiness directive AD/EMY/2 concerning life jackets and inflatable flotation devices in aircraft. This amendment applies specifically to aircraft to which Part 42 of the Civil Aviation Safety Regulations 1998 (CASR 1998) applies, thereby limiting its scope to aircraft that meet certain criteria for airworthiness and maintenance standards. For aircraft that do not meet these criteria, the requirements previously outlined in the airworthiness directive have been transitioned to Civil Aviation Order (CAO) 100.5. The instrument aims to eliminate duplicated requirements between the AD and CAO 100.5, streamlining regulatory compliance for aircraft operators. It is important to note that this legislative instrument does not engage any human rights issues and is compatible with the human rights and freedoms recognised in international instruments. The amendment was made under the authority conferred by the Civil Aviation Act 1988 and the Acts Interpretation Act 1901, and it commenced on 26 February 2016.

Key Provisions

The main operative sections of AD/EMY/2 Amdt 7 focus on refining the scope and application of the airworthiness directive concerning life jackets and inflatable flotation devices in aircraft. Specifically, section 98 of the Civil Aviation Act 1988 authorises the Governor-General to make regulations for aviation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998) allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for aircraft or aeronautical products. This AD is a legislative instrument under subsections 98(5B) and (5BA) of the Act, as it applies generally rather than to a specific person, aircraft, or product. Section 33(3) of the Acts Interpretation Act 1901 further clarifies that the power to issue such instruments includes the power to repeal, rescind, revoke, amend, or vary them. This legislation imposes specific obligations on entities governed by the AD. For aircraft to which Part 42 of CASR 1998 applies, the AD mandates compliance with the updated requirements for life jackets and inflatable flotation devices. This includes ensuring these devices meet the specified safety standards and are subject to appropriate maintenance. For aircraft not covered by Part 42, the requirements have been transitioned to Civil Aviation Order (CAO) 100.5, effectively transferring the compliance burden to this order. The AD’s purpose is to eliminate duplicated requirements between the AD and CAO 100.5, streamlining regulatory compliance for affected entities. Breach of the provisions set out in this AD may lead to significant consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can result in both civil and criminal penalties. Civil penalties may include fines and other monetary penalties, while criminal penalties can involve imprisonment and fines. The exact penalties depend on the severity and nature of the breach. Additionally, non-compliance can lead to enforcement actions by CASA, such as grounding of the aircraft or other regulatory sanctions. Ensuring adherence to the AD is therefore crucial for maintaining aviation safety and avoiding these potential penalties.

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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.