AD/FPE/8 Amdt 1 - Fire Bottle Discharge Cartridges - Inspection

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Legislation au F2017L01552 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/FPE/8 Amdt 1 — Fire Bottle Discharge Cartridges - Inspection

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 expressed in a foreign State of Design AD. AD/FPE/8 Amdt 1 applies to certain Walter Kidde and Overland Aviation Service Company fire bottle discharge cartridges.

The United States of America Federal Aviation Administration (FAA) issued AD 84‑18-07 affecting certain Walter Kidde and Overland Aviation Service Company fire bottle discharge cartridges in 1984. The United States is the State of Design for this aeronautical product. CASA subsequently issued AD/FPE/8 to mandate the requirements of FAA AD 84-18-07. As a result of a request from industry, CASA has issued AD/FPE/8 Amdt 1 to align the applicability with that of FAA AD 84-18-07 by removing Overland Aviation Service Company P/N OA841155. This AD repeals and replaces the previous AD on this subject.


FAA AD 84-18-07 which is referenced in a note in AD/FPE/8 Amdt 1 is freely available at the following internet address:

 

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/D027F50DDA42D0E886256A39004B9D10?OpenDocument&Highlight=84-18-07

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 reducing the applicability of the AD, 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 1 December 2017.

[Instrument number AD/FPE/8 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/FPE/8 Amdt 1 – Fire Bottle Discharge Cartridges - Inspection

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 84‑18-07 affecting certain Walter Kidde and Overland Aviation Service Company fire bottle discharge cartridges in 1984. The United States is the State of Design for this aeronautical product. CASA subsequently issued AD/FPE/8 to mandate the requirements of FAA AD 84-18-07. As a result of a request from industry, CASA has repealed and replaced AD/FPE/8 to align the applicability with that of FAA AD 84‑18-07 by removing Overland Aviation Service Company P/N OA841155.

The primary purpose of this legislative instrument is to reduce the applicability of the AD.

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 for the safety of civil aviation in Australia. This legislation, enacted by the Australian Parliament, aimed to address the need for comprehensive regulations to ensure the safety of aircraft and aeronautical products within Australia's airspace. The CASR 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products, ensuring compliance with international aviation safety standards. In this context, AD/FPE/8 Amdt 1 was introduced to align Australian regulations with a corresponding United States Federal Aviation Administration (FAA) AD, specifically targeting certain fire bottle discharge cartridges from Walter Kidde and Overland Aviation Service Company. This amendment was in response to industry requests and aims to streamline the applicability of the AD, reducing its scope to match the FAA's directive more closely.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment (Fire Bottle Discharge Cartridges – Inspection) Instrument 2017 (AD/FPE/8 Amdt 1) applies to certain Walter Kidde and Overland Aviation Service Company fire bottle discharge cartridges. This instrument amends a previous airworthiness directive (AD) issued by the Civil Aviation Safety Authority (CASA) in response to a United States Federal Aviation Administration (FAA) directive. AD/FPE/8 Amdt 1 narrows the scope of the AD by excluding certain Overland Aviation Service Company fire bottle discharge cartridges. The AD applies to aeronautical products used in civil aviation within Australia, affecting entities and individuals responsible for the maintenance and operation of aircraft equipped with these specific fire bottle discharge cartridges. The amendment ensures alignment with the FAA directive, reflecting international standards and requirements for airworthiness. There are no stated exclusions or thresholds in this particular AD, but it operates within the broader framework of the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988. The instrument is a legislative instrument made under the authority delegated to CASA by the Act and Regulations, and it commenced on 1 December 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) for specific aircraft or aeronautical products. Section 39.001 of CASR 1998 allows CASA to issue an AD for a kind of aircraft or aeronautical product, and under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations. This particular AD/FPE/8 Amdt 1 applies to certain Walter Kidde and Overland Aviation Service Company fire bottle discharge cartridges, aligning the Australian AD with the United States Federal Aviation Administration (FAA) AD 84-18-07, by reducing the scope of applicability. CASA, as Australia's national airworthiness authority, is obligated under Annex 8 to the Convention on International Civil Aviation to ensure the continuing airworthiness of aircraft. This includes issuing ADs based on information provided by the State of Design. In this case, CASA has issued AD/FPE/8 Amdt 1 in response to a request from industry, to refine the scope of the AD to match that of the FAA's AD 84-18-07 by removing the applicability of Overland Aviation Service Company P/N OA841155. CASA has determined that this amendment, being minor and not substantially altering existing arrangements, did not require further consultation under section 17 of the Legislation Act 2003. There are no specific offences, penalties, or civil/criminal consequences outlined for non-compliance with this AD within the text provided. However, failure to comply with an AD could result in severe consequences under the Civil Aviation Act 1988, including fines, imprisonment, or both, as well as potential consequences for the airworthiness certification of the aircraft in question. The exact penalties would depend on the nature and severity of the non-compliance, as well as any subsequent legal action taken by CASA.

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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.