Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/HS 125/161 Amdt 1 — Oxygen System
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/HS 125/161 Amdt 1 applies to the British Aerospace BAe 125 series aircraft.
The United States Federal Aviation Administration (FAA) issued AD 2000-02-35 affecting British Aerospace BAe 125 series aeroplanes in 2000. The United States is the State of Design for this aircraft type. CASA subsequently issued AD/HS 125/161 to mandate the requirements of FAA AD 2000-02-35. As a result of a request from industry, CASA has amended AD/HS 125/161 to correct the FAA AD number referenced in this AD from 2000-03-35 to 2000-02-35. The amended AD, AD/HS 125/161 Amdt 1, will become effective on 10 September 2013. This AD cancels and replaces the previous issue.
Consultation
This amendment is being made at the request of industry, in particular an operator of the British Aerospace BAe 125 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from correcting an error in a referenced document number, no further 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 10 September 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/HS 125/161 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/HS 125/161 Amdt 1 – Oxygen System
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 Federal Aviation Administration (FAA) issued AD 2000-02-35 affecting British Aerospace BAe 125 series aeroplanes in 2000. The United States is the State of Design for this aircraft type. CASA subsequently issued AD/HS 125/161 to mandate the requirements of FAA AD 2000-02-35. As a result of a request from industry, CASA has amended AD/HS 125/161 to correct the FAA AD number referenced in this AD from 2000-03-35 to 2000-02-35. The amended AD, AD/HS 125/161 Amdt 1, will become effective on 10 September 2013. This AD cancels and replaces the previous issue.
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, and are administered by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. One of the key provisions of the CASR 1998 is the ability for CASA to issue airworthiness directives (ADs) to mandate safety requirements for aircraft types and aeronautical products registered in Australia. AD/HS 125/161 Amdt 1 is an amendment to an existing AD, issued in response to an industry request to correct an error in the referenced Federal Aviation Administration (FAA) AD number. The amendment corrects the FAA AD number from 2000-03-35 to 2000-02-35, and cancels and replaces the previous AD. The objective of this amendment is to ensure the continuing airworthiness of British Aerospace BAe 125 series aircraft by aligning the Australian AD with the corresponding FAA AD. The amendment was made in accordance with the powers delegated to CASA under the Civil Aviation Act 1988 and CASR 1998, and is compatible with human rights as determined by the Office of Regulatory Review.
Scope and Application
The AD/HS 125/161 Amdt 1 pertains to the Civil Aviation Safety Regulations 1998, and it applies to the British Aerospace BAe 125 series aircraft. The purpose of this amendment is to correct an error in the referenced Federal Aviation Administration (FAA) airworthiness directive (AD) number from 2000-03-35 to 2000-02-35. This amendment is in response to a request from the industry and is effective from 10 September 2013, replacing the previous issue. The Civil Aviation Safety Authority (CASA) made this amendment as Australia’s national airworthiness authority under the Civil Aviation Act 1988, with the goal of ensuring the continuing airworthiness of aircraft registered in Australia. The AD falls under the Commonwealth jurisdiction and applies to aircraft operators and owners of the British Aerospace BAe 125 series within Australia. There are no exclusions, exemptions, or thresholds mentioned in the text. The amendment is of a minor nature and does not substantially alter existing arrangements, hence no further consultation with the Australian public has taken place.
Key Provisions
The main operative sections of AD/HS 125/161 Amdt 1 (paragraph 3) pertain to the amendment of the existing airworthiness directive (AD) issued by the Civil Aviation Safety Authority (CASA). Specifically, it corrects the Federal Aviation Administration (FAA) AD number referenced in the AD from 2000-03-35 to 2000-02-35. This amendment will become effective on 10 September 2013, replacing the previous AD/HS 125/161. This change was made in response to a request from industry and is of a minor nature, correcting an error without substantially altering existing arrangements.
The obligations and requirements imposed by this legislation on the parties or entities it governs are primarily administrative and pertain to the correction of a minor error in a referenced document. As the AD is a legislative instrument, CASA must ensure that the corrected information is accurately reflected in all future communications and documentation. Operators of the British Aerospace BAe 125 series aircraft must comply with the requirements of the amended AD, ensuring that their aircraft meet the specified airworthiness standards.
The AD/HS 125/161 Amdt 1 does not introduce new offences or penalties. However, any non-compliance with the requirements of the AD could result in civil or criminal consequences under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Operators who fail to comply with the airworthiness directives may face enforcement actions, including fines and potential grounding of their aircraft. The maximum penalties for non-compliance with airworthiness requirements can be substantial, reflecting the importance of ensuring the safety of air navigation.
In summary, AD/HS 125/161 Amdt 1 is a minor amendment to an existing airworthiness directive, correcting an error in a referenced FAA AD number. The amendment imposes administrative obligations on CASA to ensure the accuracy of the information and on operators to comply with the corrected requirements. Non-compliance with the airworthiness directives could lead to civil or criminal consequences under the applicable legislation, highlighting the critical nature of adherence to these safety standards.