Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/PA-32/42 Amdt 3 — Wing Structural Fatigue Life Limitation
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), the Civil Aviation Safety Authority (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.
Subsection 98 (5D) of the Act provides that a legislative instrument made under the Act or the regulations may apply, adopt or incorporate any matter contained in any instrument or other writing as in force or existing from time to time, even if the other instrument or writing does not yet exist when the legislative instrument is made.
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/PA-32/42 to introduce wing structural life limitations on Piper PA‑32 series aircraft in 1976. CASA has since issued AD/PA-32/42 Amdt 1 and AD/PA-32/42 Amdt 2 to make minor changes such as introducing inspection as an alternative to replacement and to clarify certain aspects of the AD. The State of Design for this type, the United States of America Federal Aviation Administration , has not yet taken action to correct this unsafe condition. As there are many examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft.
As a result of a CASA review of the AD, CASA has issued AD/PA-32/42 Amdt 3 to clarify requirements for inspection programs to satisfy Requirement 2 of the AD. In addition to US Federal Aviation Regulation (FAR) 23.572 (a) (3) Amdt 23-48, or later amendments, the AD provides for CASA to approve an inspection program as having an equivalent level of safety. A decision to refuse to approve an inspection program is subject to merits review by the Administrative Appeals Tribunal under regulation 201.004 of CASR.
This AD repeals and replaces the previous AD on this subject.
Documents Incorporated by Reference
FAR 23.572 (a) (3) provides an acceptable standard for the inspection program required by AD/PA-32/42 Amdt 3. For subsection 98 (5D) of the Act, the technical document is incorporated as it exists from time to time. The technical document is freely available from the following website:
https://www.govinfo.gov/content/pkg/CFR-2012-title14-vol1/pdf/CFR-2012-title14-vol1-sec23-572.pdf
Consultation
As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from clarifying requirements for inspection programs to satisfy Requirement 2 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 (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.
As an instrument relating to aviation safety made under CASR, Part 4 of Chapter 3 of the Legislation Act 2003 (sunsetting of legislative instruments) does not apply to this instrument (item 15 of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). The instrument requires that the action set out in the instrument, that relates to aircraft or aeronautical products, be taken to correct an unsafe condition. As such, the instrument is intended to have enduring operation and it would not be appropriate for it to be subject to sunsetting.
The instrument commences on 27 January 2022.
[Instrument number AD/PA-32/42 Amdt 3]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
AD/PA-32/42 Amdt 3 — Wing Structural Fatigue Life Limitation
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
Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. CASA issued AD/PA-32/42 to introduce wing structural life limitations on Piper PA‑32 series aircraft in 1976. CASA has since issued AD/PA-32 42 Amdt 1 and AD/PA-32/42 Amdt 2 to make minor changes such as introducing inspection as an alternative to replacement and to clarify certain aspects of the AD. The State of Design for this type, the United States of America Federal Aviation Administration, has not yet taken action to correct this unsafe condition. As there are many examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. As a result of a CASA review of the AD, CASA has repealed and replaced AD/PA-32/42 Amdt 2 to clarify requirements for inspection programs to satisfy requirement 2 of the AD.
The primary purpose of this legislative instrument is to provide clarification regarding the inspection program required by 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