Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/PA-25/40 Amdt 9 — Wing Lift Struts
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 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/PA-25/40 Amdt 9 applies to the Laviasa (previously Piper) PA-25 Series aircraft.
The United States of America Federal Aviation Administration (FAA) issued AD 2015-08-04 affecting Laviasa (formerly Piper) PA-25 series aeroplanes in 2015. The United States was the state of design for this aircraft type until 2013, however Argentina is now considered the state of design as the type certificate for this aircraft transferred to Lavia Argentina S.A. of Argentina in July 2013. The Argentinian Administracion Nacional de Aviacion Civil (ANAC) has adopted FAA AD 2015‑08‑04 for this aircraft type but not issued an AD. Consequently, whilst the FAA was the state of design, it is now not the State of design for the aircraft and accordingly, there is doubt about whether the FAA AD is a foreign State of Design AD that would have automatic application in Australia. Accordingly, CASA issued this AD/PA-25/40 Amdt 9 to mandate the requirements of FAA AD 2015-08-04. This AD repeals and replaces the previous AD on this subject. FAA AD 2015-08-04 is available via both the FAA and ANAC Argentina websites. [http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/f52f109a2645225786257e36004ea10c/$FILE/2015-08-04.pdf].
Consultation
As this AD is being made in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation, and effectively remakes the previous version of the AD, 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 6 January 2017.
[Instrument number AD/PA-25/40 Amdt 9]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/PA-25/40 Amdt 9 – Wing Lift Struts
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 2015-08-04 affecting Laviasa (formerly Piper) PA-25 series aeroplanes in 2015. The United States was the state of design for this aircraft type until 2013, however Argentina is now considered the state of design as the type certificate for this aircraft transferred to Lavia Argentina S.A. of Argentina in July of 2013. The Argentinian Administracion Nacional de Aviacion Civil (ANAC) has adopted FAA AD 2015‑08‑04 for this aircraft type, but there is doubt as to whether the AD is a foreign State of design AD that would have automatic application in Australia. Consequently, CASA has issued AD/PA-25/40 Amdt 9 to mandate the requirements of FAA AD 2015-08-04. This AD repeals and replaces the previous AD on this subject.
The primary purpose of this legislative instrument is to mandate the requirements of FAA AD 2015-08-04.
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