Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/P68/28 Amdt 4 — Issue of Airworthiness Directives
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/P68/28 applies to the Partenavia P68 aircraft which is an Italian aircraft.
The Italian national aviation authority Ente Nazionale per L’Aviazone Civile (ENAC) approved Partenavia Service Bulletin 70 Revision 2, affecting Partenavia P68 aircraft, in 1989. Italy is the State of Design for the P68 aircraft. As a result of a request from industry, CASA has amended AD/P68/28 to reference amended Partenavia Service Bulletin 70 Revision 2. The amended AD, AD/P68/28 Amendment 4, will become effective on 29 March 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 P68 aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from updating a reference to a Partenavia Service Bulletin, 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 29 March 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/P68/28 Amdt 4]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/P68/28 Amdt 4 – Engine Mount Fittings
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 Italian national aviation authority approved Partenavia Service Bulletin 70 Revision 2, affecting Partenavia P68 aircraft, in 1989. Italy is the State of Design for P68 aircraft. As a result of a request from industry, CASA has amended AD/P68/28 to reference amended Partenavia Service Bulletin 70 Revision 2. The amended AD, AD/P68/28 Amendment 4, will become effective on 29 March 2013. It 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