Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/INST/10 Amdt 2 — Mechanical Fatigue Meters
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), 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.
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/INST/10 to correct an unsafe condition in Mechanisms Ltd. fatigue meters in 1971. AD/INST/10 was issued to mandate inspection intervals on the fatigue meters to ensure their accuracy. CASA issued AD/INST/10 Amdt 1 in 1973 to extend the inspection interval to dual spring meters.
As there are several aircraft fitted with these fatigue meters on the Australian register, CASA developed the AD to correct the problem on Australian aircraft.
As a result of a request from industry, CASA has issued AD/INST/10 Amdt 2 to update the AD to reflect a change of the name of the manufacturer of the fatigue meters.
Documents Incorporated by Reference
The AD does not incorporate by reference any documents.
Consultation
This AD is being made at the request of industry. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation 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 (OBPR id. 14507).
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 and subsection 94 (1) of the Act.
The instrument commences on 22 March 2019.
[Instrument number AD/INST/10 Amdt 2]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/INST/10 Amdt 2 — Mechanical Fatigue Meters
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
As a result of a request from industry, CASA has issued AD/INST/10 Amdt 2 to update the original AD to reflect a change of the name of the manufacturer of fatigue meters.
The primary purpose of this legislative instrument is to update the name of the manufacturers of fatigue meters in the AD.
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