AD/GENERAL/86 - Darwin Inspection and Testing Service Ultrasonic Inspection

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

Legislation au F2013L01490 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/GENERAL/86 Darwin Inspection and Testing Service Ultrasonic Inspection

 

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 airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001 (5) of CASR 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.  Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative 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 ICAO 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 State of Design issues an AD against 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 of the State of Design.

 

AD/GENERAL/86 applies to any aircraft that have had Ultrasonic Inspection carried out by Darwin Inspection and Testing Service (DITS) in the nominated period,
1 January 2010 through 8 February 2013.

 

CASA has identified that during the period 1 January 2010 through 8 February 2013 that the DITS carried out Ultrasonic non-destructive inspection tasks on aircraft using non-authorised personnel. Furthermore, CASA cannot establish that inspections conducted by the personnel concerned during this period were conducted to a standard acceptable to the authority. In addition the organisation concerned cannot provide suitable records to CASA identifying work that was conducted during the nominated period. Therefore the need exists to have operators review their aircraft records and where it is identified that Ultrasonic non-destructive inspection tasks have been carried out by DITS during the nominated period, this work will need to be repeated. CASA is issuing AD/GENERAL/86 to mandate this requirement. CASA understands that some operators have already repeated some Ultrasonic non-destructive inspection tasks, using authorised personnel, and therefore there is no further need to have to repeat such work.


 

Consultation

Due to the urgency of the requirements of this Airworthiness Directive, no consultation of the Australian public has taken place.

 

The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.

 

Compatibility with human rights and freedoms

A statement of compatibility with human rights is at Attachment 1.

 

Commencement and making

The instrument commences on 2 August 2013.

 

The AD 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.

 

[Instrument number AD/GENERAL/86]

Attachment 1

Statement of Compatibility with Human Rights

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

 

AD/GENERAL/86 Darwin Inspection and Testing Service Ultrasonic 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

 

CASA has identified that during the period 1 January 2010 through 8 February 2013 that the DITS carried out Ultrasonic non-destructive inspection tasks on aircraft using non-authorised personnel. Furthermore, CASA cannot establish that inspections conducted by the personnel concerned during this period were conducted to a standard acceptable to the authority. In addition the organisation concerned cannot provide suitable records to CASA identifying work that was conducted during the nominated period. Therefore the need exists to have operators review their aircraft records and where it is identified that Ultrasonic non-destructive inspection tasks have been carried out by DITS during the nominated period, this work will need to be repeated. CASA is issuing AD/GENERAL/86 to mandate this requirement. CASA understands that some operators have already repeated some Ultrasonic non-destructive inspection tasks, using authorised personnel, and therefore there is no further need to have to repeat such work.

 

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 ensure the safety of air navigation in Australia, providing a comprehensive framework for the regulation of civil aviation safety. The regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to mandate safety requirements for aircraft and aeronautical products. AD/GENERAL/86, issued by CASA, addresses a specific safety concern identified during Ultrasonic non-destructive inspections performed by Darwin Inspection and Testing Service (DITS) between 1 January 2010 and 8 February 2013. CASA found that these inspections were conducted by non-authorised personnel and could not be verified as meeting the required standards. Consequently, AD/GENERAL/86 mandates that aircraft operators review their records and, where inspections by DITS are identified, those inspections must be repeated using authorised personnel. This directive aims to ensure the continuing airworthiness of affected aircraft, thereby maintaining safety standards in accordance with international obligations under the Convention on International Civil Aviation. The AD was made under the delegation powers granted to CASA by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and it commenced on 2 August 2013.

Scope and Application

The AD/GENERAL/86 issued by the Civil Aviation Safety Authority (CASA) applies to any aircraft that had Ultrasonic Inspection performed by Darwin Inspection and Testing Service (DITS) within the timeframe of 1 January 2010 to 8 February 2013. CASA's directive is necessitated by the identification that during the specified period, DITS carried out Ultrasonic non-destructive inspections on aircraft using personnel who were not authorised to do so. Furthermore, CASA could not ascertain that the inspections performed by these individuals met the acceptable standards set by the authority. Additionally, DITS was unable to provide adequate records to CASA identifying the work conducted during the specified period. Consequently, CASA mandates that operators review their aircraft records and repeat any Ultrasonic non-destructive inspection tasks carried out by DITS within the identified timeframe using authorised personnel. It should be noted that CASA acknowledges that some operators have already repeated some of the required inspections, and thus, there is no further need to repeat such work. The AD applies across Australia and is part of the broader regulatory framework established under the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988, ensuring the continuing airworthiness of aircraft within the nation. The authority to issue such directives is delegated under subregulation 11.260(1) of CASR 1998 and section 94(1) of the Act.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the continuing safety of aircraft and aeronautical products. Specifically, regulation 39.001 of CASR 1998 allows CASA to issue ADs for kinds of aircraft or aeronautical products. The AD in question, AD/GENERAL/86, mandates that any aircraft that underwent ultrasonic inspection by Darwin Inspection and Testing Service (DITS) between 1 January 2010 and 8 February 2013 must have their inspection records reviewed. This review is necessary because CASA has found that DITS used non-authorised personnel to conduct these inspections and cannot confirm that the inspections met CASA's standards. Furthermore, DITS cannot provide adequate records of the work performed. Therefore, AD/GENERAL/86 requires operators to repeat any ultrasonic non-destructive inspections performed by DITS during the specified period, provided that such inspections have not already been repeated using authorised personnel. CASA, as Australia's national airworthiness authority, has specific obligations under CASR 1998 to ensure the continuing safety of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements. In this instance, CASA issued AD/GENERAL/86 after identifying deficiencies in the ultrasonic inspections performed by DITS. Operators of aircraft are required to review their records to identify any inspections performed by DITS during the specified period and to repeat those inspections using authorised personnel, if necessary. CASA has recognised that some operators have already repeated the inspections, and these operators are not required to do so again. CASA's obligations also include ensuring that all ADs issued are compatible with international standards and that they do not infringe on human rights. Failure to comply with AD/GENERAL/86 could result in significant consequences for both operators and DITS. Non-compliance with CASA's ADs is an offence under section 98 of the Civil Aviation Act 1988, which allows for the imposition of penalties. While the exact penalties are not specified in the AD, non-compliance with airworthiness directives can lead to severe civil and criminal consequences, including fines and imprisonment. The severity of the penalties reflects the importance of maintaining the highest standards of safety in aviation to protect passengers, crew, and the general public. CASA's rigorous enforcement of ADs underscores its commitment to ensuring the safety and reliability of Australia's civil aviation sector.

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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.