AD/GAS/1 Amdt 12 - Inspection, Test and Retirement

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Legislation au F2016L01941 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/GAS/1 Amdt 12 — 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 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 AD/GAS/1 Amdt 11 because in October 2016, the Standing Committee on Regulations and Ordinances highlighted that neither the text of AD/GAS/1 Amdt 11 nor the explanatory statement for it, expressly stated the manner in which documents referred to in the AD were incorporated, or indicated how they may be obtained.

 

USA Compressed Gas Association Pamphlet C-8 (Standards for Visual Inspection of Compressed Gas Cylinders (1972) can be obtained upon request from the USA Compressed Gas Association (contactable by email: cga@cganet.com). Australian Standard 2337.1-2004 (and other Australian Standards) are available for purchase from various suppliers, including SAI Global (from their website: https://www.saiglobal.com). The AD incorporates the latest version of these documents.  USA Department of Transportation Special permit and Exemptions can be obtained from that Department’s website: http://www.phmsa.dot.gov/hazmat/regs/sp-a/special-permits/list, http://www.phmsa.dot.gov/hazmat/sp/exemptions-archive

 

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 6 January 2017.

 

[Instrument number AD/GAS/1 Amdt 12]

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 12 – 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

This AD repeals and replaces AD/GAS/1 Amdt 11, to specify what version of documents referred to in the AD must be used.

 

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, in line with the Civil Aviation Act 1988. This legislation enables the Governor-General to make regulations for the Act, specifically for the purpose of maintaining air navigation safety. One of the key mechanisms for enforcing these safety standards is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as per regulation 39.001 of the CASR 1998. This AD/GAS/1 Amendment 12 focuses on specifying the correct versions of documents to be used for inspections, tests, and retirement of rechargeable compressed gas cylinders in aircraft, addressing a gap identified in the previous AD/GAS/1 Amendment 11 regarding the clarity of document applicability and accessibility. The policy objective is to ensure that all stakeholders are well-informed and compliant with the latest safety standards, thereby enhancing the overall safety of civil aviation in Australia.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by AD/GAS/1 Amdt 12, apply to all entities and individuals involved in the inspection, testing, and retirement of rechargeable compressed gas cylinders used in aircraft that are not covered by an Approved Maintenance Program under Subpart 42.J of the Civil Aviation Safety Regulations 1998. This legislative instrument extends to the entire Commonwealth of Australia, overseen by the Civil Aviation Safety Authority (CASA). The AD explicitly states the version of documents such as the USA Compressed Gas Association Pamphlet C-8 and Australian Standard 2337.1-2004 that must be used, clarifying the applicability of the AD to ensure continuing airworthiness of aircraft. This amendment does not create new exclusions or exemptions but rather refines the existing requirements by specifying the exact documents to be used. The AD is a legislative instrument that can be repealed, rescinded, revoked, amended, or varied under the Acts Interpretation Act 1901. The AD/GAS/1 Amdt 12 aims to address the need for clear incorporation and accessibility of referenced documents, enhancing the safety and compliance standards within the aviation industry.

Key Provisions

The primary sections of the Civil Aviation Safety Regulations 1998 Amendment (AD/GAS/1 Amendment 12) (CASR 1998 Amendment) clarify the applicability of airworthiness directives (AD) concerning the inspection, testing, and retirement of rechargeable compressed gas cylinders used in aircraft. This amendment specifically addresses AD/GAS/1, replacing and repealing Amendment 11 to ensure greater clarity in its application. Under section 39.001 of the CASR 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs that pertain to a kind of aircraft or aeronautical product. This AD, as a legislative instrument, aims to ensure that the correct versions of referenced documents, such as the USA Compressed Gas Association Pamphlet C-8 and Australian Standard 2337.1-2004, are used for compliance purposes. The CASR 1998 Amendment imposes several obligations on the parties it governs. Firstly, it mandates that all rechargeable compressed gas cylinders used in aircraft must comply with the latest versions of specified documents, ensuring that they are subject to appropriate inspection, testing, and retirement protocols. This requirement ensures that these cylinders maintain their airworthiness and safety standards, thereby contributing to the overall safety of air navigation. Furthermore, the AD requires that any relevant information or documents be obtained from designated sources, such as the USA Compressed Gas Association and the Department of Transportation in the United States. There are no explicit criminal or civil penalties stipulated in the AD itself for non-compliance with its provisions. However, the overarching framework of the Civil Aviation Act 1988 (the Act) and the Civil Aviation Safety Regulations 1998 (CASR 1998) provide a comprehensive legal structure within which violations can lead to significant consequences. For example, under section 98 of the Act, CASA can enforce compliance through various means, including the issuance of fines or other administrative penalties for breaches of ADs. Additionally, under section 39.001 of the CASR 1998, non-compliance with ADs may result in the grounding of aircraft or the prohibition of specific aeronautical products, further underscoring the seriousness of adhering to these safety directives. Given that ADs are considered legislative instruments, they carry the full weight of the Act and the CASR 1998 behind them. This means that any failure to comply with the AD could potentially lead to enforcement actions under these statutes, with the possibility of criminal charges for wilful non-compliance, particularly if it results in a breach of safety regulations that endangers lives. The potential penalties for such breaches can be severe, reflecting the critical nature of maintaining airworthiness standards in the aviation industry.

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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.