AD/GAS/1 Amdt 10 - Inspection, Test and Retirement

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Legislation au F2016L00152 Not in force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/GAS/1 Amdt 10 — Inspection, Test and Retirement

 

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/GAS/1 Amdt 9 in 2010 to correct an unsafe situation on certain compressed gas cylinders. CASA has issued AD/GAS/1 Amdt 10 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/GAS/1 Amdt 10]

Attachment 1

Statement of Compatibility with Human Rights

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

 

AD/GAS/1 Amdt 10 – Inspection, Test and Retirement

 

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/GAS/1 Amdt 9 in 2010 to correct an unsafe situation on certain compressed gas cylinders. CASA has issued AD/GAS/1 Amdt 10 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 amend the AD 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 were enacted to provide a comprehensive framework for ensuring the safety of civil aviation in Australia. These regulations were introduced to address the need for stringent safety standards and practices in the rapidly growing aviation industry. They were enacted by the Australian Parliament under the authority of the Civil Aviation Act 1988, with the overarching policy objective being the safety of air navigation. The Civil Aviation Safety Authority (CASA), which is the body responsible for enforcing these regulations, issued AD/GAS/1 Amendment 10 in 2016. This amendment aimed to refine the applicability of airworthiness directives related to compressed gas cylinders, ensuring that safety requirements are properly aligned and redundancies are eliminated. The amendment restricts the scope of the previous directive to only those aircraft governed by Part 42 of the CASR 1998, while transferring the requirements for other aircraft to Civil Aviation Order 100.5. This legislative instrument aligns with human rights as it does not introduce any new obligations that would conflict with recognised human rights and freedoms.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998), as amended by AD/GAS/1 Amdt 10, apply to all aircraft and aeronautical products subject to the Civil Aviation Act 1988, with a particular focus on those that fall under Part 42 of CASR 1998. This amendment specifically addresses safety concerns related to certain compressed gas cylinders, and it is applicable across Australia, aligning with the national regulatory framework overseen by the Civil Aviation Safety Authority (CASA). The regulations do not apply to aircraft and aeronautical products not covered by Part 42, for which requirements have been transitioned to Civil Aviation Order (CAO) 100.5. AD/GAS/1 Amdt 10 functions as a legislative instrument, repealing and replacing the previous AD on this subject to streamline and eliminate duplicated requirements, thereby ensuring that safety directives are both clear and non-redundant. The scope of application extends to all relevant entities and individuals involved in the maintenance and operation of aircraft within the Australian jurisdiction, ensuring compliance with both national and international aviation safety standards.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) as amended by AD/GAS/1 Amdt 10 ((sections 39.001 and 98)) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for types of aircraft or aeronautical products to ensure safety in air navigation. This particular AD/GAS/1 Amdt 10 limits the applicability of the AD to aircraft governed by Part 42 of the CASR 1998. For aircraft not governed by Part 42, the requirements are transitioned to Civil Aviation Order (CAO) 100.5. This amendment repeals and replaces the previous AD on the subject. The obligations and requirements imposed by this AD are specific to the maintenance and safety of compressed gas cylinders used in certain aircraft. Operators and owners of aircraft to which Part 42 applies must comply with the new AD, ensuring that any identified unsafe conditions on these cylinders are addressed. This includes conducting necessary inspections, tests, and retirements as specified in the AD. The AD provides detailed instructions on how these activities must be performed to maintain the continuing airworthiness of the aircraft. Any failure to comply with the provisions of this AD may result in civil or criminal consequences. The specific offences and penalties are not detailed in the explanatory statement, but typically, non-compliance with ADs can lead to fines and other penalties under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. For instance, serious non-compliance may result in significant fines, operational restrictions, or even criminal charges, particularly if the non-compliance leads to an unsafe condition that endangers flight safety. The AD is accompanied by a Statement of Compatibility with Human Rights, which confirms that this legislative instrument does not engage any of the applicable rights or freedoms under the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. This means that the AD does not pose any human rights issues and is therefore compatible with human rights as recognised internationally. The amendment’s focus on ensuring aviation safety does not infringe upon any human rights or freedoms.

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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.