AD/OXY/6 Amdt 1 - Passenger Oxygen Masks

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Legislation au F2017L01427 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/OXY/6 Amdt 1 — Passenger Oxygen Masks

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations. 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. When a foreign State of Design issued an AD before 1 October 2009 for 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 foreign State of Design. AD/OXY/6 Amdt 1 applies to various 02 Corporation passenger oxygen masks.

The United States of America Federal Aviation Administration (FAA) issued AD 91‑10-05 affecting various 02 Corporation passenger oxygen masks in 1991. The United States is the State of Design for 02 Corporation passenger oxygen masks. CASA subsequently issued AD/OXY/6 to mandate the requirements of FAA AD 91‑10-05. As a result of a request from industry, CASA has issued AD/OXY/6 Amdt 1 to correct a part number in the Applicability section of the AD. This AD repeals and replaces the previous AD on this subject.


FAA AD 91-10-05, referred to in a note to the AD, is freely available from the FAA website at the following internet address:

 

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/AFAC2C50822E286786256A410063CC96?OpenDocument&Highlight=91-10-05

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 apart from correcting a typographical error in a referenced part number, 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.

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 10 November 2017.

[Instrument number AD/OXY/6 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/OXY/6 Amdt 1 – Passenger Oxygen Masks

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 of America Federal Aviation Administration (FAA) issued AD 91‑10-05 affecting various 02 Corporation passenger oxygen masks in 1991. The United States is the State of Design for 02 Corporation passenger oxygen masks. CASA subsequently issued AD/OXY/6 to mandate the requirements of FAA AD 91‑10-05. As a result of a request from industry, CASA has repealed and replaced AD/OXY/6 to correct a typographical error in a part number referenced in the Applicability section of the AD.

The primary purpose of this legislative instrument is to correct a typographical error in a referenced part number.

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, amended by AD/OXY/6 Amdt 1, address the issue of correcting a typographical error in a referenced part number within the context of passenger oxygen masks on aircraft. Enacted by the Australian Government, this amendment was made under the authority conferred by the Civil Aviation Act 1988, which empowers the Governor-General to make regulations. The policy objective of this amendment is to ensure that regulatory instruments remain accurate and effective, thereby maintaining the safety and airworthiness of aircraft in compliance with international standards. The Civil Aviation Safety Authority (CASA) issued this amendment at the request of industry, focusing on a minor correction that does not substantially alter existing arrangements. The amendment is considered a legislative instrument, commencing on 10 November 2017, and it was made without the need for further consultation due to its minor nature.

Scope and Application

The AD/OXY/6 Amendment 1 pertains to passenger oxygen masks manufactured by 02 Corporation, which are used in various aircraft. It applies to these specific aeronautical products, focusing on correcting a typographical error in a part number referenced in the original AD/OXY/6 issued by the Civil Aviation Safety Authority (CASA). This amendment is in response to a request from the aviation industry and is made under the authority conferred by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The AD is a legislative instrument issued by CASA, Australia’s national airworthiness authority, and it aligns with international standards set by the International Civil Aviation Organization (ICAO) through Annex 8 of the Convention on International Civil Aviation. The amendment does not require further consultation as it is deemed minor and does not substantially alter existing arrangements. It is important to note that this amendment is geographically and jurisdictionally limited to Australia, specifically to the aeronautical products registered within the Australian Register. The amendment is compatible with human rights as it does not engage any of the applicable rights or freedoms and is effective from 10 November 2017.

Key Provisions

The Civil Aviation Safety Regulations 1998, as amended by AD/OXY/6 Amdt 1, establish specific requirements and obligations for the maintenance and operation of passenger oxygen masks on certain aircraft. Section 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) to ensure the continuing airworthiness of aircraft and aeronautical products. AD/OXY/6 Amdt 1 specifically amends AD/OXY/6 to correct a part number in the applicability section, ensuring that the correct type of oxygen masks are used for compliance. This amendment is critical for maintaining safety standards and ensuring that all stakeholders, including aircraft operators and maintenance providers, are aware of the correct equipment specifications. Entities governed by AD/OXY/6 Amdt 1, such as aircraft operators, maintenance providers, and aviation manufacturers, must adhere to the corrected part number specifications outlined in the AD. They are required to ensure that the passenger oxygen masks installed on their aircraft meet the standards specified by CASA. This includes conducting thorough checks and updates to their inventory to replace or adjust any incorrectly referenced parts, ensuring all aircraft meet the necessary safety requirements. Additionally, these entities must maintain updated documentation to reflect compliance with the amended AD, which may involve updating their maintenance manuals and training personnel on the correct procedures and equipment specifications. Failure to comply with AD/OXY/6 Amdt 1 can result in significant consequences. CASA, as the national airworthiness authority, has the power to enforce compliance with these regulations. Non-compliance could lead to enforcement actions, including fines and other penalties. While specific maximum penalties are not detailed in the explanatory statement, non-compliance with ADs generally can result in significant financial penalties and potential grounding of non-compliant aircraft. Moreover, ongoing non-compliance can lead to more severe consequences, including revocation of airworthiness certificates, which could effectively ground the aircraft until the deficiencies are rectified. In summary, AD/OXY/6 Amdt 1 is a legislative instrument designed to correct a typographical error in the part number specification for passenger oxygen masks on certain aircraft. It imposes clear obligations on aircraft operators, maintenance providers, and other relevant entities to ensure compliance with the corrected specifications. Non-compliance with this AD can result in enforcement actions by CASA, including potential financial penalties and operational restrictions.

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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.