AD/GAS/1 Amdt 11 - Inspection, Test and Retirement

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Legislation au F2016L01364 Not in force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/GAS/1 Amdt 11 — 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 10 in 2016 to correct an unsafe situation on certain compressed gas cylinders. As a result of a request from industry, CASA has issued AD/GAS/1 Amdt 11 to further clarify the applicability of the AD. Where the AD had previously referred to "system of maintenance" and used words "has not been approved" this has now been clarified under the CASR Part 42 regulations to state, "All rechargeable compressed gas cylinders used in aircraft that are not covered by an Approved Maintenance Program under Subpart 42.J of CASR 1998”. 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 clarifying the AD applicability, 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 16 September 2016.

 

[Instrument number AD/GAS/1 Amdt 11]

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 11 – 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 10 in 2016 to correct an unsafe situation on certain compressed gas cylinders. As a result of a request from industry, CASA has issued AD/GAS/1 Amdt 11 to further clarify the applicability of the AD. Where the AD had previously referred to "system of maintenance" and used words "has not been approved" this has now been clarified under the CASR Part 42 regulations to state, "All rechargeable compressed gas cylinders used in aircraft that are not covered by an Approved Maintenance Program under Subpart 42.J of CASR 1998”. This AD repeals and replaces the previous AD on this subject.

 

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

 

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 ensure the safety of air navigation, a responsibility conferred upon the Civil Aviation Safety Authority (CASA) under section 98 of the Civil Aviation Act 1988. The 1998 Regulations empower CASA to issue airworthiness directives (ADs) to address specific safety concerns, with AD/GAS/1 Amdt 11 being a recent amendment aimed at clarifying the applicability of ADs concerning the maintenance of compressed gas cylinders in aircraft. This amendment responds to industry feedback and seeks to ensure that the safety regulations are clearly understood and applied. The policy objective behind this amendment is to maintain the highest safety standards in civil aviation by providing clear and precise directives that align with international standards under Annex 8 to the Convention on International Civil Aviation. This legislative instrument is considered compatible with human rights as it does not engage any of the applicable rights or freedoms, as evidenced by the Statement of Compatibility with Human Rights.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment (AD/GAS/1 Amendment 11) pertains to the safety of air navigation and applies to the inspection, testing, and retirement of rechargeable compressed gas cylinders used in aircraft. Specifically, it clarifies that all such cylinders not covered by an Approved Maintenance Program under Subpart 42.J of the Civil Aviation Safety Regulations 1998 must adhere to the new AD. This legislative instrument is a part of the broader framework under the Civil Aviation Act 1988 and is issued by the Civil Aviation Safety Authority (CASA). It operates nationally, as CASA has the jurisdiction to issue airworthiness directives that affect all aircraft registered in Australia. The amendment does not require additional consultation or a Regulation Impact Statement, given its minor nature and the existing framework for ADs. Furthermore, it has been assessed for compatibility with human rights, concluding that it does not engage any applicable rights or freedoms. The amendment repeals and replaces the previous airworthiness directive (AD/GAS/1 Amendment 10) to ensure clarity and compliance with safety standards.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) Amendment 11 (AD/GAS/1 Amdt 11) primarily serves to clarify the applicability of airworthiness directives concerning the inspection, testing, and retirement of rechargeable compressed gas cylinders used in aircraft. The primary change is the amendment of the language previously used in the AD, which referred to a "system of maintenance" and included the phrase "has not been approved". This has now been revised to state that the directive applies to "All rechargeable compressed gas cylinders used in aircraft that are not covered by an Approved Maintenance Program under Subpart 42.J of CASR 1998" (section 39.001). This amendment is intended to ensure clarity and compliance with existing regulations. Under this amendment, the obligations of the parties or entities governed by the AD include ensuring that all rechargeable compressed gas cylinders used in aircraft are either covered by an Approved Maintenance Program as per Subpart 42.J of CASR 1998, or comply with the specific inspection, testing, and retirement requirements outlined in AD/GAS/1 Amdt 11. This involves a rigorous process of maintaining and documenting the safety and airworthiness of these cylinders. Compliance with the AD is mandatory and must be enforced by the State of Registry, which is responsible for the continuing airworthiness of the aircraft (subsection 33(3) Acts Interpretation Act 1901). Failure to comply with the AD/GAS/1 Amdt 11 could result in serious civil and criminal consequences. The Civil Aviation Act 1988 (the Act) imposes penalties for non-compliance with airworthiness directives. The exact penalties are not specified in the AD but may include fines and potential imprisonment, depending on the severity of the breach and its impact on aviation safety. The State of Registry is tasked with enforcing these regulations and ensuring that all stakeholders adhere to the requirements set out in the AD. The amendment also repeals the previous airworthiness directive on this subject, underscoring the importance of adhering to the updated and clarified regulations.

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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.